Omar’s PSA detention: Court to hear plea this week
New Delhi, Mar 2:
The Supreme Court on Monday said it would hear on March 5 a plea filed by Sara
Abdullah Pilot challenging the detention of her brother and National Conference
leader Omar Abdullah under the Public Safety Act (PSA).
Tushar Mehta filed the response on behalf of the Jammu and Kashmir
administration on Pilot’s plea before a bench of justices Arun Mishra and
Venugopal, the Centre’s to law officer, had told the bench that Sara Abdullah
Pilot had not demonstrated any reason for not approaching the high court in the
first instance but directly coming to the Supreme Court.
pertains to liberty,” a bench led by Justice Arun Mishra observed in response,
rejecting Attorney General Venugopal’s opposition to the top court hearing the
habeas corpus petition in case of the former J&K chief minister and
National Conference leader.
The bench, while
posting the matter for hearing on Thursday, said that the petitioner can file a
rejoinder, if any, on the response filed by the Jammu and Kashmir
approached the top court challenging her brother’s detention under the Jammu
and Kashmir Public Safety Act, saying the order was “manifestly
illegal” and there was no question of him being a “threat to the
maintenance of public order”.
noted that another case of a similar nature was pending before the top court, a
reference to the petition challenging the detention of Jammu and Kashmir
Peoples Democratic Party boss Mehbooba Mufti. It isn’t clear if the judges will
hear the two cases together.
challenged her brother’s detention under the Jammu & Kashmir Public Safety
Act (PSA) last month after the 49-year-old former chief minister was booked on
February 5 under PSA.
Omar Abdullah was
detained in August 2019 when the Centre nullified Article 370 and placed
Kashmir valley in a state of lockdown. His detention in 2019 was under Section
107 of the Code of Criminal Procedure, which empowers an executive magistrate
to order a person to execute bonds “for keeping the peace”.
Right before his
detention was to expire in February 2020, the administration issued a fresh
order under the PSA that allows authorities to detain a person without trial
for a maximum period of two years.
In her Habeas
Corpus [literally means, produce the body] petition, Sara prayed for orders to
produce Abdullah in the Supreme Court. She argued that he is a votary of peace
and there is overwhelming evidence to prove the same.