New Delhi: The Supreme Court has adjourned the plea filed by Senior Advocate and J&K Bar Association President Mian Abdul Qayoom, which challenged the 28th May, 2020 Order of the J&K High Court which had dismissed his habeas corpus petition and upheld his detention under the J&K Public Safety Act, 1978, Live Law reported.
A 3-Judge Bench headed by Justice Sanjay Kishan Kaul heard the matter and allowed Solicitor-General Tushar Mehta’s submission that the matter is under consideration and they will soon have a reply from the concerned authority. Accordingly, the plea has been adjourned to July 27th. Senior Advocate Dushyant Dave and Advocate Vrinda Grover, along with Advocate Soutik Banerjee, appeared on behalf of the Petitioner. The SG further submitted to the Court that there may not be any need to go into the merits of the case. However, this contention was vehemently opposed by Dave, who yet again reiterated that any adjournment at this stage should not be given, specifically in habeas corpus matters. Dave also stated that, if required, the SG could secure instructions within 24 hours and the matter could be listed tomorrow. He expressed an inclination to the Court that he was willing to argue on the merits as the case was squarely covered by the precedents of the Supreme Court itself. The Court, however, adjourned the matter to coming Monday, i.e. July 27th. On the previous date of hearing, the Supreme Court had adjourned the matter and allowed the SG to seek instructions on the issue and to respond with the reasons for prolonging Qayoom’s detention.
According to Live Law, SG had informed the Court that Qayoom’s ideology went against national interests, and he accordingly sought for 10 days’ time to seek instructions. This request had been opposed by Dave. To this, Justice Kaul noted, “They are trying to sort it out, and there are sometimes compulsions that we have to comply with.” The Bench then, taking into consideration that the COVID-19 pandemic demanded sympathy on behalf of the State, stated, “He is 73 years old. We want to know on what basis you would like to retain him in Delhi’s Tihar. Moreover, his detention period as per order is about to expire.”