Wife files petition after husband detained under PSA after abrogation of Art 370, SC issues notice to Centre

Supreme Court on Friday issued a notice to Centre and sought a detailed reply within two weeks on a habeas corpus petition filed by one, Asifa Mubeen, whose husband was detained under PSA in Jammu and Kashmir after the abrogation of Article 370.

Mubeen's husband Dr Mubeen Ahmad Shah (61), was detained under PSA in Jammu and Kashmir.

A three-judge bench of the Apex Court, headed by Chief Justice of India (CJI) Ranjan Gogoi and comprising Justices S A Bobde and S Abdul Nazeer issued a notice to the Centre and sought a reply within two weeks.

"Issue notice to Centre and reply has to be filed within two weeks," said Gogoi, after hearing the habeas corpus petition filed by Mubeen.

Senior Supreme Court lawyer, Raju Ramachandran, appearing for Asifa, told the Apex Court that the detenu (Dr Shah) had been wrongfully deprived of his liberty and that this Apex Court should direct the concerned authorities for his release forthwith from his confinement.

"The petitioner and wife of the detenu, being concerned about the welfare, well-being, and safety of her husband is competent to maintain the present petition," Ramachandran told the Apex Court.

He also submitted that the detenu is a medical doctor by qualification and is a leading businessman by profession. Dr. Shah in the course of his illustrious career has held many important positions including the position of President of Chamber of Commerce at Srinagar.

According to the details submitted by Ramachandran in the Apex Court, Dr Shah has no criminal antecedents and has an impeccable and unblemished record as a leading businessman of the Valley.

On the intervening night of August 4 and August 5, 2019, the detenu was arrested illegally without any warrant from his residence at Buchwara, Dalgate, Srinagar and taken to the local police station. Thereby, this Apex Court should pass appropriate order and or direction for his release forthwith, the petition, a copy accessed by ANI, stated.