Former IAS officer-turned-politician Shah Faesal on Thursday withdrew his plea from the Delhi High Court against his “illegal detention” on the grounds that hundreds of other residents of Jammu and Kashmir (J&K), who have been allegedly unlawfully detained following the abrogation of the state’s special status, have “not been released as of yet”.
A bench of Justice Manmohan and Justice Sangita Dhingra Sehgal allowed Faesal to withdraw his habeas corpus writ petition after his wife filed an affidavit in this regard.
The affidavit, filed by Faesal’s counsel, said that “on September 10, 2019, I met the petitioner (Faesal) from 11:30 am to 12 noon, in the lobby of the detention Centre… In the meeting, I received clear oral instructions from the petitioner to withdraw the present petition. The petitioner communicated to me that in consideration of the fact that hundreds of other residents of the State of J&K have been unlawfully detained in the intervening weeks and have not been released as of yet, being aware of the fact that many or most of those detained have no access to legal counsel or other remedies, he no longer wishes to pursue the present petition …” the affidavit reads.
Solicitor General Tushar Mehta, appearing for the Bureau of Immigration and the State of J&K, objected and said, “I do not admit the facts… and they are false”. However, he had no objection to the withdrawal plea.
The bench said it would not express its opinion on the merits of the case and allowed them to withdraw it.
Faesal had approached the Delhi high court alleging that he was detained illegally at the New Delhi airport on August 14, while he was travelling to the US.