Why no reply on NRI businessman wife's plea against his detention: SC asks JK administration
New Delhi: The Supreme Court on Wednesday asked the Jammu and Kashmir administration as to why it has not filed a reply on a plea by the wife of a Malaysia-based NRI businessman challenging his detention following abrogation of provisions of Article 370.
A bench headed by Justice N V Ramana observed that the matter relates to "personal liberty" and the J-K administration should have filed its reply on the plea.
"Why you (J-K administration) have not filed the reply?," said the bench, also comprising justices R Subhash Reddy and B R Gavai, adding, "This is a matter regarding personal liberty. You should have filed the reply by yesterday".
Solicitor General Tushar Mehta, appearing for the J-K administration, said he would file a reply on the petition during the day itself.
The top court was hearing a plea filed by Asifa Mubeen, the wife of Mubeen Ahmad Shah, seeking quashing of the August 7 order of detention along with the grounds of detention under section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978.
Senior advocate Raju Ramachandran, appearing for the petitioner, told the bench that superintendent of Agra jail, where Mubeen Ahmad Shah has been kept, has filed his reply on the petition and said the health of the businessman is fine.
The bench, however, said the affidavit filed by the jail superintendent is of October 4 and asked Mehta to tell the officer concerned to file a fresh report in this regard. The apex court has posted the matter for hearing on October 24.
On September 20, the top court had asked the J-K administration to respond to the plea, which has sought a direction to authorities to produce the businessman before the court.
In her plea, she has said that her husband is currently lodged at Agra Central jail and has been "wrongfully deprived" of liberty.
"The detenu (Shah), a senior and well respected citizen of India, a qualified doctor and leading NRI businessman based in Malaysia, with a serious medical illness, has been illegally deprived of his life and liberty for more than 40 days since August 5, 2019," the plea has said.
The petitioner has said that Shah had come to Srinagar on April 18 to attend the last rites of his sister-in-law and continued to stay there since his father-in-law was unwell and passed away in July.
The plea said since Shah was not keeping well during that period, he was admitted to a hospital in Srinagar in May.
"In the intervening night of August 4-5, 2019, the detenu (Shah) was arrested illegally without any warrant from his residence at Buchwara, Dalgate, Srinagar and taken to the local police station. At the time of the arrest, the detenu was not even informed about reasons and grounds of his arrest," it has said.
The plea has said that Shah is suffering from multiple ailments, including acute renal problem which has aggravated during the course of lodgement at Agra Jail.
It has said the detenu has no criminal antecedents and has an "impeccable and unblemished record as a leading businessman of the valley."
It has said that grounds, on which the detention was ordered, "are not grounds within the contemplation of the Public Safety Act, 1978 rendering in sequel thereto the detention of the detenu illegal and unconstitutional and hence liable to be quashed."
"The impugned order of detention is vitiated in law for the grounds of detention of the detenu on the face of it are too vague and cryptic and do not answer any of the imperatives as contemplated under the J&K Public Safety Act, 1978 and as such is liable to be quashed," it said, adding that grounds of on the face of it are "illusory".
It said the detention "violates with impunity the constitutional guarantees under Article 21 of the Constitution of India" of the detenu and is arbitrary and unsustainable in law.
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44 peacocks die of H5N1 in Karnataka’s Tumakuru; minister orders precautions
Bengaluru (PTI): After 44 peacocks died of the H5N1 virus in Tumakuru district, Karnataka Minister Eshwar Khandre on Saturday directed officials to implement strict precautionary measures to prevent its spread across forest areas, including zoos and bird sanctuaries.
The directive comes after laboratory reports from the ICAR–National Institute of High Security Animal Diseases in Bhopal recently confirmed H5N1 avian influenza as the cause of the deaths.
According to the state forest minister, the peacocks died between April 16 and 21 in and around Bommanahalli and Kolihalli villages in Urdigere hobli, and Bairasandra and Hullenahalli villages in Gulur hobli of Tumakuru district.
“In this context, instructions have been issued in line with the revised H5N1 Action Plan of the Central Government to prevent the spread of infection across all forest areas, including zoos, bird sanctuaries, Magadi Lake, and the community reserve at Kokkare Bellur,” Khandre said in a note addressed to the principal chief conservator of forests (wildlife) and chief wildlife warden.
He also directed that any deaths of birds, whether migratory or local, must be reported immediately, and that samples from carcasses should be collected and sent for testing.
If required, a nodal officer may be appointed to monitor the situation across the state, he added.
Authorities have established an infected zone within a 0–3 km radius and a surveillance zone extending from 3 to 10 km.
According to the Health Department, surveillance for fever, Influenza-Like Illness (ILI), and Severe Acute Respiratory Infection (SARI) will be carried out over the next 10 days, covering a population of 20,432 across 38 villages.
In light of the situation, the department has advised the public to follow precautionary measures to minimise the risk of infection by avoiding contact with sick or dead birds and maintaining hand hygiene by washing hands frequently with soap and water.
It has also suggested the use of personal protective equipment (PPE) while handling birds or their droppings, and advised ensuring that poultry and eggs are thoroughly cooked (above 80 degrees celcius) before consumption.
The health department has also recommended avoiding close contact with individuals exhibiting symptoms of respiratory illness.
The department said it is closely monitoring the situation and has put necessary precautionary measures in place.
The public has been advised to remain vigilant and report any unusual bird deaths or symptoms promptly, officials added.
Avian influenza (H5N1) is a subtype of the influenza virus that infects birds and mammals, including humans in rare instances, according to the World Health Organisation. Human cases reported so far have been mostly linked to close contact with infected birds or other animals, or with contaminated environments.
