Mehbooba Mufti, leader of PDP (People’s Democratic Party) and Omar Abdullah, leader of NC (National Conference) based in Jammu and Kashmir allegedly claimed that they were put under ‘house arrest’ by the local police authorities. According to the duo, all of this happened before Supreme Court gave its decision on Section 370A in Kashmir. In a tweet, the PDP said the police had sealed the doors of Mufti’s residence before the Article 370 verdict was announced.
The NC, in a tweet, said Omar Abdullah was “locked up inside his house”. “Early this morning, JKNC VP @OmarAbdullah was locked up inside his house. What a shame!” the party tweeted.
“This is totally baseless. No one has been put under house arrest or arrested due to political reasons in Jammu and Kashmir. It is an attempt to spread rumours,” he said.
The Jammu and Kashmir Police clarified that there were no orders to put leaders under “any kind of arrest” in the wake of the Supreme Court’s verdict on Article 370. The police said no restrictions were in place and there was normalcy in the Union Territory.
“People have been urged to go about their lives and not get hassled or intimidated by social media posts regarding such news,” Jammu and Kashmir Police said.
In a video statement on X, Mufti alleged that shopkeepers were asked not to open their shops before 10 am.
“Today, Jammu and Kashmir was converted into a jail and all the shopkeepers were directed that they will not open their shops before 10 am. We were under house arrest. This is a political war which has been going on for ages. A lot of people have sacrificed their lives for this. We have to come together and fight,” she was quoted as saying by news agency ANI.
Meanwhile, police did not allow journalists to gather near National Conference (NC) president Farooq Abdullah and vice-president Omar Abdullah’s residence at Gupkar in Srinagar, officials told news agency PTI. A posse of police personnel was deployed at the entry point of Gupkar Road and journalists were not allowed anywhere near the residence of the NC leaders.
Amit Shah calls it “Security Move” in Parliament
Union Home Minister Amit Shah clarified that former Chief Minister of Jammu and Kashmir, Mehbooba Mufti, is not under house arrest as rumored. He assured the house that she has complete freedom to move anywhere, and the government will provide necessary security. This statement came in response to the concerns and rumors circulating about restrictions on Mufti’s movements.
Shah further emphasized that the government cannot compel someone to go outside if they choose to stay in their home. However, there are no official barriers preventing Mufti from stepping out. The Lieutenant Governor had also affirmed Mufti’s freedom of movement earlier the same day. This confirmation dispels any speculation about her house arrest and reaffirms the government’s commitment to ensuring her liberty.
In conclusion, while the debates surrounding Article 370 and other political issues continue, the government has made it clear that former Chief Minister Mehbooba Mufti is not under house arrest. She is free to move and express her views, a fact confirmed by both the Union Home Minister and the Lieutenant Governor.
Under what circumstances can a politician be detained in their own premises?
Recently, the Supreme Court of India suggested (May 12, 2021) that due to Age-related issues of undertrials and prisoners, overcrowding and cost to the state exchequer, house arrest as an option should be considered by the courts. Revocation, Recidivism, and Supervision- An examination of house arrest revocation and recidivism statistics establishes that home confinement is a viable alternative to incarceration.
Those on house arrest can also continue to maintain relationships with family and friends, seek medical assistance when needed and generally be in a less hostile and confining environment while still under some restriction and surveillance.
As for politicians, when a leader passes communal statements where there is enough risk for a mutiny to break out local police authorities with the permission of Home Minister and other important dignitaries can put that personality under house arrest. However, no person can be detained for more than a year.
Such cases are treated with even more seriousness when the place is a sensitive one. States like J&K, Punjab, etc. are prone to heavy communal riots hence house arrest laws are severe there.
