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Omar Abdullah's sister files petition in SC challenging his detention under PSA

Sibal stated that they have filed a habeas corpus petition challenging his detention under PSA, saying that the matter should be heard this week.

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Former Jammu and Kashmir chief minister Omar Abdullah's sister has filed a petition in the Supreme Court challenging his detention under the Public Safety Act (PSA).

Senior advocate Kapil Sibal on Monday, appearing for petitioner Sara Abdullah Pilot, mentioned the matter for urgent listing before a bench headed by Justice NV Ramana.

Sibal stated that they have filed a habeas corpus petition challenging his detention under PSA, saying that the matter should be heard this week.

In the petition, Sara Pilot observed that there are no "material facts which are imperative for an order of detention."

"The grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention," the plea pointed out.

"It is rare that those who have served the nation as members of Parliaments, Chief Ministers of state, ministers in the union and have also stood by the national aspirations of India are now perceived as a threat to the state," the plea further stated.

The petition mentioned that on the intervening night of August 4/5, he was put under house arrest, claiming that Section 107 of the Code of Criminal Procedure was invoked to justify his arrest.

It is therefore imperative that the court protects individual's Right to Life and Liberty, and also the essence of Article 21 of the constitution, "a violation of which is anathema to all that a democratic nation stands for," the petition mentioned. 

"Finally the order conflates governmental policy with the Indian state, suggesting that any opposition to the former constitute a threat to the later. This is wholly antithetical to a democratic polity and undermines the Indian constitution," the petition added.

Six months after top leaders from Jammu and Kashmir were put under preventive custody, the Union Territory administration on February 5 slapped stringent Public Safety Act (PSA) on former chief ministers Mehbooba Mufti and Omar Abdullah and two other politicians from National Conference and PDP. 

Besides Omar Abdullah and Mehboob Mufti, National Conference general secretary and former minister Ali Mohammed Sagar was served with a PSA notice public order by the authorities. 

Their six-month preventive custody was ending on Thursday. They were put under detention following the abrogation of Article 370. 

A magistrate accompanied by police served the order to Mufti at the bungalow where she has been detained, officials were quoted as saying by PTI. 

Abdullah was also booked under the PSA, the report said. Omar Abdullah's father Farooq Abdullah, also a former chief minister and a Union minister, was earlier last year booked under the stringent law.

(With PTI inputs)

 

 

 

 

 

 

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