J&K Admin cites ‘perceived threat’ on Mirwaiz Umar Farooq for travel restrictions

The Jammu and Kashmir administration has justified the travel restriction on Hurriyat leader Mirwaiz Umar Farooq, citing the ‘perceived threat’ to his life from terrorists, particularly after the abrogation of the Article 370.

Officials revealed this information during a hearing at the Jammu and Kashmir High Court on Wednesday, where the Hurriyat leader had challenged his alleged "arbitrary" and "illegal" detention.

The council for the J&K administration has referred to over two dozen instances, including a recent visit to New Delhi, where Mirwaiz was reportedly allowed to attend various social and religious functions, as well as medical emergencies, to deny his claim of his unlawful detention.

The response came as part of a habeas corpus petition filed by Mirwaiz last year, alleging that security forces had detained him since August 5, 2019. He claimed that armoured vehicles, along with police and paramilitary forces, were deployed at the main gate of his residence in Srinagar's Nigeen locality, preventing him from leaving.

The state counsel rejected these allegations, asserting that no detention order existed against Mirwaiz, and none of his legal, constitutional, or statutory rights were being violated. The counsel also emphasized that Mirwaiz, as the chief cleric of Kashmir, continued to deliver sermons at Jamia Masjid, the region's oldest mosque, despite congregational prayers being largely banned by authorities due to concerns over potential disruptions to law and order.

Referring to the 1990 assassination of Mirwaiz's father, Moulana Mohammad Farooq, the counsel explained that the Hurriyat leader had been advised to limit his movement temporarily due to the "overall security scenario" in Srinagar after the abrogation of Article 370.

The court was informed that Mirwaiz's residence is strategically located in a sensitive area, flanked by the Hazratbal shrine, the National Institute of Technology, and the upscale Nigeen Club. Given the perceived threat, authorities asserted that restricting Mirwaiz's movement was essential to maintaining security in the region.

The counsel highlighted that the deployment of security personnel was a preventive measure, considering the potential for terrorist activities in the vicinity. They argued that Mirwaiz's high-profile status as a religious leader and public figure necessitated a cautious approach to ensure peace and public order.

Additionally, the court was informed that Mirwaiz had been advised against attending large gatherings, both as a security measure and in compliance with COVID-19 protocols since the pandemic's outbreak in 2020. The counsel cited numerous instances where Mirwaiz had freely moved around, attended religious activities, and visited relatives, emphasizing that the petition was "misconceived" and deserved dismissal.

The J&K police and paramilitary forces are reportedly deployed in the Nigeen area not only for Mirwaiz's security but also for the safety of non-local staff and students at leading educational institutions and migrant workers, who have been targeted by militants in the past.

As the case heads to the next hearing on March 14, the court will weigh the perceived security threats against Mirwaiz's claims of arbitrary detention.