Nasir Aslam Wani And Others vs Union Territory Of J&K And Others

Ali Mohammad Magrey, J

This petition, captioned to be under Article 226 of the Constitution of India, has been filed on behalf of one Nasir Aslam Wani S/o Late Bashir Ahmad Wani R/o Rajbagh, Srinagar, through Dr. Farooq Abdullah, President National Conference, with the prayer to direct the respondents to produce the petitioner before this Court and set him at liberty, accordingly.

It is alleged that the petitioner has been unlawfully detained and kept under house arrest at his own residential house since 5th of August, 2019.

The respondents have filed their response, thereby denying the averments made by the petitioner in his petition. It is stated that the petitioner was neither put under house arrest nor his liberty curbed/ jeopardized.

In view of the contrary/ rival stand taken by the parties before this Court, the learned Advocate General was requested to assist the Court qua the stand of the Government in all these matters.

Today, the learned Advocate General has appeared through Virtual mode alongwith Mr B.A. Dar, learned Senior Additional Advocate General, and has fully supported the stand of the respondents by informing the Court that the petitioner was neither put under house arrest at his residence nor was his liberty curbed/ jeopardized. The learned Advocate General further submits that the petitioner is freely moving around not only in the City of Srinagar, but also in other parts of the Union Territory of Jammu and Kashmir and that only bald allegations have been made by the petitioner in his petition against the respondents.

Mr Sharik Jan Reyaz, the learned counsel, appearing on behalf of the petitioner, submits that the petitioner was not allowed to move out of his residence since 5th of August, 2020 compelling him to approach this Court through the medium of the instant petition, however, in the recent past, the petitioner has been, now, allowed to move out of his residence. In this backdrop, the learned counsel pleads that the petitioner does not want to press this petition any further. The statement of the learned counsel is taken on record.

On perusal of the response so filed by the Inspector General of Police (IGP), Kashmir, a clear stand has been taken, duly supported by the learned Advocate General, that the petitioner was neither put under house arrest nor his liberty curbed/ jeopardized.

Be that as it may, in view of the statement made by the learned counsel for the petitioner, this Court has no scope for hearing/ deciding the matter on merits and return findings/ observations. In that view of the matter, the instant petition is dismissed as not pressed. Interim directions, if any, subsisting as on date, shall stand vacated.