The supreme court today issued notice to government of Jammu & Kashmir in a habeas corpus petition challenging the “unlawful” detention of former congress leader Saifuddin Soz after the abrogation of Article 370 (Mumtazunnisa Soz v. Union of India & Anr).

The notice is issued by the bench of Justices Arun Mishra and Indira Baneerjee.

On May 29, Mumtazunnisa Soz, wife Saifuddin Soz, was put under house arrest since August 2019 despite never being informed of detention. 

The plea, argued by Abhishek Manu Singhvi reads, “His detention is wholly contrary and perverse to the constitutional safeguards laid down under Article 21 and 22 as well as the law on preventive detention.” 

The primary ground of challenge is violation of Article 22(5) of the Constitution of India, which provides that whenever an order is made for preventive detention, the authority shall immediately inform the detenue of the reasons for such order. 

The plea also averred that Soz “has no criminal antecedents and past”, thus making it clear that there were no cogent reasons for his detention. 

(By – jyoti)