Sunday 28 April 2013

Shabir seeks Rs 30 lakh compensation for ‘illegal’ detention


Hurriyat Conference leader and Democratic Freedom Party (DFP) chairman Shabir Shah has sought Rs 30 lakh compensation from the government for what he termed as his “illegal detention” at a Jammu jail.

The J&K High Court has taken his plea as a habeas corpus petition which came up before the single bench today. The HC has given the government and other official respondents two weeks’ time to file their objections in this regard.

The police had arrested Shah on February 9 and lodged him in Central Jail, Srinagar, to ward off protests in the wake of Afzal Guru’s hanging in Tihar.

Shah, who is also a senior executive member of the Hurriyat Conference led by Mirwaiz Umar Farooq, was later shifted to the Kotbalwal jail in Jammu from Central Jail on March 16. He was released on April 16 after two months of the preventive detention.





Shah had challenged his arrest under Section 107 (preventive detention) and his subsequent lodging at the Kotbalwal jail in Jammu in the high court wherein he had termed his shifting as “illegal”.

“My client has been released since but the plea seeking compensation of Rs 30 lakh for his illegal detention and shifting. The high court today directed the authorities to file their objection within two weeks,” Shah’s counsel Mir Shafaqat Hussain said.

The state government, in its earlier response, to the court had submitted that Shah was shifted to the Kotbalwal jail on the orders of the DG (Prisons) following overcrowding in Central Jail, Srinagar.

“Under the law, the jail authorities cannot shift a person detained under preventive custody to another jail. Only an executive magistrate can order this,” Shafaqat said.


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