Srinagar (Jammu and Kashmir): The Jammu and Kashmir administration, in its written response to the High Court of Jammu and Kashmir and Ladakh on Thursday, claimed that Hurriyat chairman Mirwaiz Umar Farooq is a "free man." The court, which was unable to hear the plea on Wednesday, had set the next hearing for March 14 due to time constraints.
Advocate NA Ronga explained, "The case (WP(C)/2400/2023) was not 'reached' by the Court of Justice Rajnesh Oswal due to the paucity of time today (Wednesday)," and as such, it is expected to provide directions in the matter during the upcoming hearing.
In his petition, Mirwaiz alleged house detention, claiming police and vehicular deployment outside his residence. Senior Additional Advocate General Mohsin Qadri contested these claims, asserting that Mirwaiz is a "free man" who routinely visits doctors, and relatives, and engages in religious activities.
Qadri refuted accusations of security forces' presence, stating it is "purely for safety and security" to thwart potential anti-national threats. In its detailed reply, the administration listed instances from February 6, 2023, when Mirwaiz left his residence for marriage ceremonies and family visits, as well as three Fridays attending prayers in September 2023 at Jamia Masjid. Qadri emphasised that Mirwaiz, a free man, is provided proper security when he chooses to go anywhere.
The response invoked the assassination of Mirwaiz's father, Maulana Muhammad Farooq, in 1990, highlighting the significance of security measures given Mirwaiz's prominent religious figure status.
Qadri defended the strategic positioning of Mirwaiz's residence, adjacent to key institutions, mentioning the University of Kashmir, the National Institute of Technology, Dargah Shrine, and Nigeen Club. Security forces' presence in the vicinity is deemed preventive against potential militant activities.
Seeking dismissal of Mirwaiz's petition, Qadri stated, "He is neither confined nor detained at his house," stressing no violation of Mirwaiz's rights occurred. Mirwaiz's petition, filed in September 2023, claimed a large police contingent outside, making his life miserable. Citing misinformation, Mirwaiz sought legal and constitutional remedies, asserting more than four years of house arrest and violation of religious rights.
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