Omar Abdullah‘s sister moves SC challenging his detention under PSA2 min read . Updated: 10 Feb 2020, 11:43 PM IST
- The bench agreed to urgent listing of the matter
- Plea sought issuance of habeas corpus
New Delhi: Former Jammu and Kashmir chief minister Omar Abdullah’s sister Sara Abdullah Pilot on Monday approached the Supreme Court, challenging his detention under the Public Safety Act (PSA).
A bench headed by Justice N.V. Ramana agreed to list the matter after it was mentioned by senior advocate Kapil Sibal.
“It is rare that those who have served the nation as members of Parliament, chief ministers of a state, ministers in the Union, and have always stood by the national aspirations of India, are now perceived as a threat to the state," the petition said.
“Despite the law on detention being abundantly clear, the respondents have sought to detain the detenu without any facts or particulars, the absence of which would violate Article 21….Apart from the obvious fact that disagreement with the policies of the central government is a lawful right of a citizen in a democracy, it is submitted that all such observations were not supported by any material whether in the form of social media posts or otherwise," it said.
“The grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention," the plea said, terming the detention order “illegal".
“Finally, the order conflates governmental policy with the Indian State, suggesting that any opposition to the former constitute a threat to the latter. This is wholly antithetical to a democratic polity and undermines the Indian Constitution," the petition said.
The plea seeks issuance of habeas corpus commanding the Union territory of Jammu and Kashmir to produce him before the court to set him at liberty. The plea also sought quashing of the 5 February order detaining Abdullah under the PSA.
The developments come in the wake of dossiers justifying the imposition of the draconian PSA against the former chief minister. While the dossier states that Abdullah’s “considerable influence" over people, as well as his ability to attract voters to polling booths during the peak of militancy is a case for his detention under PSA, it states that Mehbooba Mufti, another former J&K chief minister, has been “referred for her dangerous and insidious machinations and usurping profile and nature by the masses as ‘Daddy’s girl’ and ‘Kota Rani’."
“In new India, dossier on an ex chief minister slapped with draconian PSA mentions insidious machinations and being a ‘Daddy’s girl’ as charges," Mufti tweeted Monday.
Congress general secretary Priyanka Gandhi Vadra tweeted, “Since when has being a ‘Daddy’s girl’ and encouraging people to vote become a crime against the nation? I would be proud to be both! It’s pretty clear that the government has no basis for charging @omarabdullah & @mehboobamufti with PSA. They must be freed."
Abdullah and Mufti were booked under PSA, nearly six months after they were placed under preventive detention.
Shaswati Das contributed to this story.