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Shah Faesal was stopped at Delhi airport.
Denying that Shah Faesal, former IAS officer from Jammu and Kashmir, is in “unauthorised custody”, the J&K administration has stated before the Delhi High Court that his “liberty has been curtailed in accordance with statutory provisions, and under an order passed by the competent authority”.
The administration opposed Faesal’s “theory” that he wanted to travel to the US to complete a course in Masters in Public Administration.
In an affidavit, the J&K administration stated, “It is not conceivable, in absence of any cogent material, to accept the theory that a leader of political outfit which is very vocal about the constitutional actions taken by constitutional bodies of our country on 5th August, 2019, would leave the country at this juncture to pursue some academic course, that too without student visa.”
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The affidavit stated, “It is submitted that on August 14, 2019, the petitioner was travelling on ‘B1/B2’ visa (tourist visa)…. B1/B2 visa affixed on his passport, not being a student visa, does not entitle him to study in USA.”
The administration also pointed out that Faesal resigned from the civil service, joined politics and formed a political outfit – J&K People’s Movement. It said Faesal’s claim that he is in illegal detention “appears to be a facade and an incorrect fact”.
The J&K administration was responding to Faesal’s plea before Delhi HC alleging that he was illegally detained at IGI Airport in New Delhi while on way abroad and subsequently sent to Kashmir against his wishes. While seeking directions to the authorities to “immediately” set him free, Faesal stated in his plea that his life is at “risk” and that his “illegal detention amounts to abduction”.
The bench of Justices Manmohan and Sangita Dhingra Sehgal had sought the J&K administration’s reply, and also urged that Faesal’s wife be allowed to meet him.
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