Srinagar: The Jammu and Kashmir High Court on Tuesday directed the government not to restrict movement of JKLF Chairman Yaseen Malik, in keeping with the law.
Hearing a petition by Malik, a bench of Justice MuzaffarHussain Attar directed the government to follow the provisions of law with regard to movement of the petitioner.
“Follow the mandate contained in Article 19 (1) (d) and Article 21 of the Constitution of India,” the court said
“The respondents (authorities) however, will not be prevented from proceeding in accordance with law if they feel that any action in terms of law is required to be taken,” the court said, asking the authorities to inform the court if Malik was put under surveillance, if so for what reason.
The directions followed after Malik’s counsel Mian Abdul Qayoom submitted that the government breaches without any right or reason right of personal liberty of the petitioner guaranteed under Article 19 (1) (d) and Article 21 of the Constitution to move freely throughout the territory of India.
He submitted that without any legal justification Malik is being kept under surveillance by the police. The respondents, he argued, have no authority to impede the liberty of the petitioner.
Malik has approached the court seeking directions not to cause any kind of interference with the right of movement of the petitioner and not to keep any police personnel for the surveillance of the petitioner outside his residence.
He also sought directions that no police personnel should follow him, on motorcycle or on any other conveyance, while he is travelling from one place to another.
Additional Advocate General B A Dar, who was present, accepted notice on behalf of government after the court asked for it. The government has been directed to file objections to the petition by the next week.