Justifying the bureaucrat-turned-politician Shah Faesal‘s detention soon after the abrogation of Article 370, the Jammu and Kashmir administration has told the Delhi High Court that he instigated people gathered at the airport.
One of the most vocal critic of the government’s move, Shah was on way to Delhi from Srinagar when he was detained.
“He has submitted his resignation from civil service and joined politics and formed a political outfit named ‘J&K Peoples Movement’,” said the state government in its affidavit, as per leading news agency reports.
“It is not conceivable in the absence of any cogent material to accept the theory that a leader of a political outfit which is very vocal about constitutional actions taken by the constitutional bodies of our country on August 5, would leave the country at this juncture to pursue academic course in Harvard University, that too without a student visa,” it said.
The bench comprised of Justice Manmohan and Justice Sangeeta Dhingra Sehgal on Wednesday sought a response from the Centre on a fresh application filed by Faesal and has asked the central government to file a reply by September 2.
The High Court will hear the matter on September 3.
Shah Faesal, through his counsel Warisha Farasat, submitted that on the intervening night of August 14 and 15, he was illegally picked up from the New Delhi airport while on his way to complete the academic fellowship at Harvard University in the United States.
The leader was flown back to Srinagar, where he was detained under the Public Safety Act (PSA).
The former IAS officer alleged that he was illegal whisked away against his wishes.
The petition further stated that no transit remand was sought in Delhi before sending him to Srinagar and no arrest memo or seizure memo was provided to him.
Faesal is among the other prominent political leaders, who were placed under the house arrest after the Centre abrogated the special status accorded to Jammu and Kashmir under Section 370 and bifurcated it into two Union Territories.