The High Court of Jammu and Kashmir at Srinagar in a recent Writ Petition dealt with the detention of a probable MLA candidate.In this present case (Hilal Lone v. Union Territory of J&K, WP (Crl) No. 104/2020), the petitioner, Hilal Akbar Lone, a lawyer of J&K, was taken into custody by the Police under Sections 107 and 151 of Cr.P.C.
He was detained with regards to the Order no. . 67/DMB/PSA of 2019-2020 of the Public Safety Act, which was revoked on 18th of June, 2020.
The petitioner who is associated with National Conference, a political party of J&K, claims that he is being illegally detained and his fundamental right under Article 21 is being violated. The respondents had denied such allegations of wrongful detainment.
The contended that since the petitioner is a probable MLA candidate, owing to security concerns, he has to approach the security agency before making any movement as he has threat to his life.The petioner prayed before the court for the following:
“a. By issuance of writ, order or direction one in the nature of Habeas Corpus, the issued by Respondent no. 1 to 4 be commanded to produce the petitioner before this Hon’ble court and upon his production before this Hon’ble court, the petitioner be set at liberty.”
“b. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to pay compensation to the tune of Rs. 1.00 Crores for the illegal detention of the petitioner since 18.6.2020.The prayer of the petitioner was allowed.