Habeas Petition Seeking Release Of Shah Faesal Withdrawn From Delhi HC

Habeas Petition Seeking Release Of Shah Faesal Withdrawn From Delhi HC

The habeas corpus petition filed in Delhi High Court challenging the detention of civil servant turned politician Shah Faesal was withdrawn on Thursday.

This was after Faesal's wife informed the court that she had met her husband and was under instructions to withdraw the writ.

While permitting the withdrawal of the petition, the bench of Justices Manmohan and Sangita Dhingra Sehgal granted liberty to the petitioner to file any such petition in future to seek remedies in law as the principle of res judicata doesn't apply to habeas corpus petitions.

The Court also made it explicit that it has made no observations on the merits of the controversy.

The Solicitor General Tushar Mehta said he has no objection to the withdrawal. Earlier, in reply to his writ, the government had submitted that the habeas corpus petition was not maintainable as the petitioner has been detained under a valid law, under the orders of a competent authority.

Shah Faesal, who founded the Jammu and Kashmir People's Movement after resigning from civil service, was detained at Delhi airport on August 14 while he was proceeding to his flight abroad and was sent back to Srinagar.

The High Court had declined to give early hearing to the petition, which was listed for first admission hearing on August 19. On August 23, the Court had adjourned the hearing till September 3 as SG Tushar Mehta was engaged in another matter in Supreme Court.

The Court declined to give an earlier date, saying the matter would take time and "it is not going to happen overnight".

"A week or 10 days will not matter," the bench said and also made it clear that it was not going to examine the issue of Faesal's travel to the US for studies as it was not a prayer sought in the habeas corpus plea moved on his behalf.