Hurriyat chairman and the Kashmir Valley’s chief cleric Mirwaiz Umar Farooq on Saturday sent a legal notice to the Jammu and Kashmir government over his continuous detention at his residence in Srinagar.
The Mirwaiz’s lawyer, in the legal notice addressed to the J&K Chief Secretary, said, “The ironical part is that my client has been detained illegally without serving of any order of detention upon him, he is not allowed to move outside his residence, as a large contingent of police personnel have been deployed therein to curb his movement, he has not been even informed as to why he has been detained nor has any ground of detention been provided to him.”
The lawyer said that the Mirwaiz’s liberty has been curtailed in an arbitrary manner. “The illegal and unwarranted detention is against the basic structure of the principles of natural justice,” the legal notice said.
The notice also recalled J&K Lieutenant Governor Manoj Sinha’s recent remarks claiming that the administration had not detained the Mirwaiz and that he could move to any place. “On the other hand, the deployment of large contingent of security forces outside the Nigeen residence of my client nullifies the aforesaid stand of Lieutenant Governor,” the notice stated.
The lawyer said the Mirwaiz had not been allowed to participate in the funerals and burials of his close relatives and dear ones. “He has been prevented to perform and lead Friday congregational prayers, which again is a violation of his right to religion,” the notice added. The Mirwaiz also had serious health issues, it said.
“Through the medium of this legal notice, it’s requested to lift and remove the restrictions imposed upon the movement of my client,” it added.
The lawyer also sought the lifting of restrictions upon the Mirwaiz to participate in religious ceremonies and activities and “not to prevent him from preaching his religion and to perform his religious duties, particularly to participate in congregational prayers on Fridays at Jamia Masjid, Nowhatta, Srinagar.”
In the case of no prompt and positive response, the Mirwaiz shall be constrained and compelled to file the appropriate proceedings or writ in the competent court of jurisdiction, the notice said.
The Mirwaiz was arrested on August 4, 2019 when the Centre ended J&K’s special constitutional position. He was later shifted to his Nigeen residence and “placed under house arrest”. However, Mr. Sinha has repeatedly said, in multiple interviews to news channels, that the Mirwaiz was “free to go wherever he wants under a security cover”.
