The six-page response by the administration was filed early this week but the case could not be heard on March 6 and is expected to be heard on March 13, additional advocate general Mohsin S Qadri said on Sunday
The Jammu and Kashmir administration has denied the “house arrest allegations” in its response to Kashmir’s chief cleric and Hurriyat chairperson Mirwaiz Umar Farooq’s petition in the high court .
Last month, the HC had given the administration the “final” opportunity to file a response. The six-page response by the administration was filed early this week but the case could not be heard on March 6 and is expected to be heard on March 13, additional advocate general Mohsin S Qadri said on Sunday.
“The petitioner has alleged that he has been detained in his house, as police and vehicular deployment has been made outside his house. This assertion of the petitioner is absolutely false and far from facts, as the petitioner is a free man who on and off visits doctors, relatives and attend other religious activities at his will. However, as far as police deployment outside the house of the petitioner is concerned, it is purely for safety and security purposes and as a preventive measure so as to foil any attempt of anti-national elements,” the response signed by senior superintendent of police said.
The administration’s response also mentions record of 28 days from February 6, 2023 to Feb 19, 2024 when Mirwaiz left his house and went to places, including thrice to Jamia Masjid (September 22, 29 and October 6) for Friday prayers and a visit to New Delhi on January 8,2024 for treatment of his mother.
“As is evident from the above details, the petitioner is a free man and whenever he desires to go anywhere, he is being provided proper security arrangements for his safety and security. It is pertinent to mention here that the father of the petitioner, Moulana Mohammad Farooq, who was a prominent religious leader of Kashmir, was targeted and killed by terrorists. Therefore, the safety and security of the petitioner cannot be undermined as he is also a prominent religious figure like his father,” the response added.
The Mirwaiz was put under house arrest ahead of the abrogation of Article 370 and 35A on August 5, 2019. In September last year, he moved the HC challenging the restrictions on his movement and denial to visit the Jamia Masjid since 2019; and also served a legal notice to the administration. On September 22, the Mirwaiz was allowed to lead prayers at the Jamia Masjid for around three weeks but was “placed under house arrest” after the Israel-Palestine war broke out in October.
The managing body of Jamia Masjid, Aujman Auqaf, on Friday(March 8) said that Mirwaiz was allowed by the authorities to offer Friday prayers at Jama Masjid for the first time since October 6.
The response said that the deployment of police outside his house is also made because to the fact that the location “carries a very sensitive and strategic importance”. “The petitioner has neither been confined nor detained as such the instant petition deserves to be dismissed,” it said.
