Kashmir Bar Association
Mian Abdul Qayoom
moved the Supreme Court on Friday challenging his
under Public Safety after August 5 last year, when special status of Jammu and Kashmir was scrapped, and made an unusual request - provision for summer clothings in
, where he is lodged.
Appearing for Qayoom, whose
was dismissed by the J&K HC last month, senior advocate Dushyant Dave told a bench of Justices
Sanjay Kishan Kaul
B R Gavai
that when the detenue was packed off to Tihar from Kashmir, he had brought with him only winter clothes and is experiencing lot of discomfort in the heat and humidity of Delhi. "Please allow his family to provide him summer clothings," Dave pleaded while challenging the detention order as vague and seeking bail in the interim period.
The bench issued notice to the Centre on Qayoom's petition and said, "The senior counsel for the petitioner on instructions states that when the petitioner was brought to Tihar Jail, Delhi, he possessed only winter clothings and given the current weather situation, would require some summer clothings which can be brought for his benefit. The Jail authorities (would do well) to urgently look into this issue to ensure that appropriate clothings along with daily essentials are made available as may be required for his benefit," the bench ordered.
On May 28, the HC had dismissed Qayoom's bail plea and gave him the option of making a representation to the authorities declaring that he has shunned his separatist ideology. The petitioner has challenged the HC order before the SC. Dave said that the detention order was vague and based on FIRs registered by then state police against the 76-year-old bar leader nearly a decade back.
Qayoom was detained on August 5 last year and was shifted to a jail in Agra, where his health deteriorated. He was subsequently brought to Delhi’s Tihar Jail. The J&K HC had entertained many pleas for his regular health check up in Tihar Jail and had ordered his examination at All India Institute of Medical Sciences in March this year. The AIIMS in its report had informed the HC that the general condition and vitals of Qayoom were stable and satisfactory.
When Dave said that the charges against Qayoom were very old, the bench said that the HC mentioned about the grounds of detention referring to a district magistrate's statement that Qayoom had a long and adverse record in various cases and over a period of time has emerged as a staunch protagonist of separatism and that his role post-Burhan Wani killing in 2016 was questionable.