Vaiko moves SC, asks where is Farooq Abdullah?

MDMK chief and Rajya Sabha MP Vaiko has filed a habeas corpus petition in the Supreme Court for asking for the whereabouts of former Jammu and Kashmir Chief Minister Farooq Abdullah. Ever since the communication clampdown in the state, Farooq Abdullah, like most other mainstream politicians in Kashmir has been under house arrest and as Mr Vaiko points out in his petition, incommunicado.

Farooq Abdullah,

In the petition, Vaiko has stated he has invited Dr Abdullah for a conference in Chennai on the occasion of the birthday of former Tamil Nadu Chief Minister CN Annadurai however, Mr Vaiko said that despite his efforts, he has not been able to reach him. Vaiko added that he had written to authorities on August 29 to seek the permission of the Central government as well the Secretary, Home Department, Jammu and Kashmir, to allow Dr Farooq Abdullah to travel to Chennai but he failed to get a response.

Vaiko also states, “The refusal of the Respondents to allow Dr. Farooq Abdullah to attend the peaceful and democratic conference organised by the Petitioner is illegal and arbitrary and violative of Articles 21, 22 and 19(1)(a) of the Constitution of India.” The petition requests Supreme Court to pass directions that Farooq Abdullah be produced before it and be permitted to attend the conference in Chennai.

One of the oldest and well known recourse in law, habeas corpus(in Latin) means ‘a person in body be produced in court’ and is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
The laws under which the many aspects of Kashmir blockade has been imposed (severing of communications, detainment of political leaders, prolonged curfew) are not very clear and the Supreme Court seems willing to grant time to the government before it intervenes, if at all.