The court said the petition is completely misplaced and not maintainable and the writ of habeas corpus would not lie in respect of a person who is in judicial custody.
Judiciary is responsible for ensuring our liberty, and habeas corpus is the usual route. But magistrates are acting as if the rule is ‘jail, and bail is above my pay grade’.
In letter to CJI, Bar association says almost 13,000 people from Valley arrested under J&K Criminal Procedure Code and hundreds booked under PSA after 5 August 2019.
While 4 SC judges said fundamental rights were suspended during Emergency, Justice H.R. Khanna held that life & liberty can’t be at the Executive’s mercy.
The basis of a habeas corpus petition is that it is associated with urgency. It is filed under Article 32, which is invoked only when fundamental rights are at stake.
Aim is to ensure not just disengagement of troops, but overall de-escalation. Govt in favour of solving tensions through talks as it wants peace with all neighbours including China.
Like the car, nothing the party has done to reinvent itself has worked. Only way forward is to offer something looking towards the future, not in image of glorious past.