The Jammu and Kashmir High Court has rejected a public interest litigation (PIL) challenging the detention of over 2000 people and seeking directions to bring into force amendments to Article 22 of the Constitution.
The PIL, filed by senior advocate Syed Tassadque Hussain, argued that the detainees’ rights were violated.
However, the Division Bench of Chief Justice Tashi Rabstan and Justice MA Chowdhary held that the PIL was not maintainable as 253 habeas corpus petitions had already been filed by the affected individuals, and the issue was pending adjudication.
The court ruled that allowing the PIL would amount to double adjudication on the same issue.
The respondents, including the Union of India and the State of Jammu and Kashmir, had raised preliminary objections, citing the Apex Court’s decision in A.K. Roy vs. Union of India (1982).
The court agreed, stating that the relief sought was not permissible under law.
The court dismissed the PIL but allowed individuals who had not challenged their detention orders under the Jammu and Kashmir Public Safety Act to approach the court.