Former Jammu & Kashmir Chief Minister Omar Abdullah's sister on Monday approached the Supreme Court, challenging his detention under the J&K Public Safety Act(PSA), 1978 saying the order of detention is “manifestly illegal” and there is no question of him being a “threat to the maintenance of public order”.
In her plea, Sara Abdullah Pilot has said that exercise of powers by authorities under the CrPC to detain individuals, including political leaders, was “clearly mala fide to ensure that the opposition to the abrogation of Article 370 of the Constitution is silenced”.
It said the intent of exercise of power was to “incarcerate not just him (Omar Abdullah) but the entire leadership of the National Conference, as well as the leadership of other political parties, who were similarly dealt with including Farooq Abdullah, who has served the State and the Union over several years... Stood by India whenever the situation so demanded.”
The plea has sought quashing of February 5 order detaining Omar Abdullah under the PSA and also sought his production before the court.
Senior advocate Kapil Sibal, appearing for Pilot, mentioned the matter for urgent listing before a bench headed by Justice NV Ramana.
Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Omar Abdullah under the PSA and the matter should be heard this week.
The bench agreed for listing of the matter.
In her plea, Pilot has said that on the intervening night of August 4-5, 2019, Omar Abdullah was put under house arrest and it was later learnt that section 107 of Code of Criminal Procedure (CrPC), 1973 was invoked to justify such arrest.
“There has been a grave violation of Articles 14, 21 and 22 of the Constitution,” the plea said, adding, “similar orders of detention have been issued by the Respondents (authorities of union territory of Jammu & Kashmir) over the last seven months in a wholly mechanical manner to other detenues, which suggest that there has been a consistent and concerted effort to muzzle all political rivals”.
It said there could be no material available to detain a person who has already been detained for previous six months and the “grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention”.
It said the provisions of PSA were “wholly violated” and none of the conditions laid down to justify a detention order exists, “nor is even adverted to”.
“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 plea said.
“In fact, a reference to all the public statements and messages posted by the detenue (Omar Abdullah) during the period up to his first detention would reveal that he has kept calling for peace and co-operation — messages which in Gandhi's India cannot remotely affect public order,” it said.