The Centre on Wednesday told the Supreme Court that senior advocate and President of J&K High Court Bar Association Mian Abdul Qayoom will be released from detention immediately.
The Centre on Monday, 27 July, had told the Supreme Court that the detention order of Qayoom will not be extended beyond the date of its expiry of 6 August 2020, LiveLaw reported. The court allowed his release provided he remain in Delhi, not go to Kashmir till 7 August and not make any public statements until then.
Senior advocate Dushyant Dave, appearing for Qayoom, has sought his release tomorrow and the Solicitor General has agreed, reported Live Law.
The top court on 15 July had questioned the Jammu & Kashmir administration on the need to detain Qayoom, who has been under detention for nearly a year.
A three-judge bench headed by Justice Sanjay Kishan Kaul heard the matter and directed Solicitor General Tushar Mehta to seek instructions on whether the government was willing to release Qayoom immediately on conditional bail till 6 August. The matter will be heard next on 29 July.
Is Detaining A 73-Year Old During a Pandemic Needed, Asks Bench
In the previous hearing, Mehta, representing the J&K administration, had sought 10 days to file a response in the matter. Senior advocate Dushyant Dave, representing Qayoom, had questioned if such a delay is permitted in a matter involving writ of habeas corpus.
The top court had noted that it is keen to know on what basis the Jammu & Kashmir administration would want to detain him in Tihar Jail in Delhi, as Qayoom's detention as per the order has already expired.
Dave had argued that Qayoom is 73 years old and has been in prison for close to a year, and due to his age he is susceptible to COVID-19. Mehta had argued that Qayoom's ideology is against national interest.
On 26 June, the apex court in an interim direction asked the Tihar jail authorities to provide summer clothing and daily essentials to Qayoom while in detention.
(With inputs from LiveLaw and IANS.)
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