The Supreme Court on Friday sought response from the Jammu & Kashmir administration on a plea filed by Sara Abdullah Pilot challenging the detention of her brother and National Conference leader Omar Abdullah under the Public Safety Act.
A bench of justices Arun Mishra and Indira Banerjee issued notice to the union territory of Jammu & Kashmir on Pilot's plea and posted the matter for further hearing on March 2.
Senior advocate Kapil Sibal, appearing for Pilot, told the apex court that it is a habeas corpus petition and Omar has been kept in detention since August 4 last year.
Habeas corpus is a writ seeking production of person, who has allegedly been in illegal detention, before a court.
"He was in detention under section 107 of the CrPC. Now, he has been detained under the PSA," Sibal said.
To this, the bench asked him, "What are the grounds of detention? Let us see."
Sibal referred to the dossier handed over to Omar by the Superintendent of Police and said the grounds of detention are already mentioned there.
He said the dossier claimed that Omar has been detained under the PSA to avoid statements by the political leader, prevent violence and maintenance of law and order.
"Has any petition been filed in the Jammu & Kashmir high court by anybody on your behalf? Verify whether anything is pending there," the bench told Sibal and asked him to file an affidavit in this regard. The senior advocate told the court that nobody has filed anything in the high court on their behalf and the bench can record his statement on this. "No counter affidavit is required in the matter as grounds of detention are already there," he said.After issuing notice, the bench said the matter will be heard after three weeks. Sibal urged the court that the matter be heard next week as it is a habeas corpus petition concerning liberty of an individual.
When Sibal said that it would delay the matter, the bench said, "You have waited for so long. Wait for 15 more days.
Sibal said there was no delay on their part as Omar was in detention since August last year.
"She (Sara) has not waited for one year. He was in detention. He is now in preventive detention under the PSA. Kindly have it next week. It is a fresh detention order," he said. To this, the bench said, "It can't be heard overnight. Sorry."