The Supreme Court on Friday issued a notice to the Jammu and Kashmir administration on the plea of National Conference leader Omar Abdullah’s sister challenging his detention under the Jammu and Kashmir Public Safety Act, 1978.
A Bench headed by Justice Arun Mishra asked Jammu and Kashmir administration to file a reply by March 2.
The apex court inquired whether any similar plea filed by any person is pending before the High Court. On this, senior lawyer Kapil Sibal, who is appearing for Omar’s sister Sara Abdullah Pilot, said “no”.
Later, while speaking to media reporters, Sara said she has full faith in the judiciary.
“We were hopeful that, as this is a habeas corpus case, that the relief would be sooner. But we have full faith in the justice system. We are here because we want that all Kashmiris should have the same rights as all citizens of India and we are waiting for that day,” she said.
In her plea, Sara, wife of Rajasthan Deputy Chief Minister Sachin Pilot, said the order of detention is manifestly illegal and there is no question of him being a “threat to the maintenance of public order”.She also 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”.The plea has sought quashing of the February 5 order detaining Omar Abdullah under the PSA and also sought his production before the court.”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 petition stated.The plea added that the grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention.The Jammu and Kashmir administration on February 5 had invoked the stringent PSA against former Chief Minister Abdullah and People’s Democratic Party (PDP) leader Mehbooba Mufti.Both the former Chief Ministers were detained after the government abrogated Article 370 last year.