The Delhi High Court today sought a response from the centre on a plea of bureaucrat-turned politician Shah Faesal, who is currently detained in Srinagar, to give him a copy of the lookout circular issued against him.
A bench of Justices Manmohan and Sangeeta Dhingra Sehgal told the centre to file its response on or before September 2 and listed it for hearing on September 3.
Advocate Warisa Sarasat, representing Mr Faesal, said they do not know the grounds on which the lookout circular was issued. The lawyer said such a circular can only prevent him from travelling but it cannot justify his arrest and detention.
The former Indian Administrative Service (IAS) said in his petition that he was on his way to Harvard University in the US for higher studies when he was illegally detained at Delhi airport. He was then taken to Srinagar.
His lawyer said the lookout circular does not allow the authorities to arrest Mr Faesal and take him back to Srinagar, even when he kept on insisting that he does not wish to go there as his wife and child were in Delhi.
"I have never heard of implementation of lookout circular in this way, this is remarkable," the lawyer said, adding it was "absurd" that the government claimed Mr Faesal started addressing people at the airport.
"Who will be there on August 14? The airport was empty that day because of Independence Day and the lockdown. Even the departure and arrival terminal are different and far away. Who was he trying to provoke, because only CRPF officials were there? Is challenging presidential order on Article 370 of the Constitution in the Supreme Court a crime? There is no case against him," Mr Faesal's lawyer said.
The government's lawyer Vikas Mahajan sought time to respond to the plea.
The Jammu and Kashmir government on Tuesday told the High Court that Mr Faesal "instigated" people at Srinagar airport against the sovereignty and integrity of the country. Mr Faesal had no student visa, though he claimed he was going to the US for studies, the government.
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