Former Chief Minister of Jammu and Kashmir Omar Abdullah addresses a press conference at his residence on August 3, 2019 in Srinagar, India.
The Supreme Court on Friday issued a notice to the Jammu and Kashmir administration over former chief minister Omar Abdullah’s detention under the Jammu and Kashmir Public Safety Act, 1978 (PSA) after his sister Sara Abdullah Pilot filed a habeas corpus plea before them.
ANI reported that the next hearing in the case will be on March 2.
Supreme Court issues notice to the Jammu and Kashmir administration on the plea of Sara Abdullah Pilot, former J&K CM Omar Abdullah’s sister challenging his detention under Jammu and Kashmir Public Safety Act, 1978. The Court asks J&K administration to file a reply by March 2. pic.twitter.com/JFzyYfVthc
— ANI (@ANI) February 14, 2020
The two-judge bench headed by Justice Arun Mishra and also including Justice Indira Banerjee heard the plea after Justice M M Shantanagoudar had on Wednesday recused himself from hearing the matter.
According to Live Law, Congress leader and advocate Kapil Sibal, who appeared on behalf of Pilot, argued that this was not a matter of preventive detention. “This has nothing to do with preventive detention. This is under the PSA. This is the law.”
Justice Mishra says, “You’ve waited for so long, you’ve waited for a year to file this.”
Sibal states that they haven’t waited for a year. “This has nothing to do with preventive detention. This is under the PSA. This is the law”
— Live Law (@LiveLawIndia) February 14, 2020
The court also asked for an affidavit to be filed on whether a similar petition had been filed in the high court.
Pilot had approached the Supreme Court on February 10 saying her brother’s detention under the PSA was “manifestly illegal”.
Abdullah was detained on the night between August 4 and 5, the day the Narendra Modi-led government at the centre abrogated Article 370, that gave special status to Jammu and Kashmir.
Pilot’s plea came three days after Abdullah was charged under the PSA.
Under PSA that has two sections — ‘public order’ and ‘threat to security of the state’ — a person can be put in detention without trail for six months for the former, and two years for the latter.
In her plea, Pilot had said his detention under PSA was “unconstitutional and a flagrant violation of his fundamental rights”.
(With PTI inputs)