A new Supreme Court bench will take up on Thursday a plea from Sara Abdullah Pilot, the sister of former Jammu and Kashmir chief minister Omar Abdullah, against the latter's detention under the Public Safety Act.
A bench comprising Justices N.V. Ramana, Justice Shantanagoudar and Sanjiv Khanna was to have taken up the issue on Wednesday. However, this was delayed after Justice Shantanagoudar recused from hearing the plea.
Sara Abdullah Pilot, who is the wife of Rajasthan Deputy Chief Minister Sachin Pilot, had moved the plea in the Supreme Court on Monday.
The plea argued that Omar Abdullah's detention is "manifestly illegal" and there is no question of him being a "threat to the maintenance of public order".
The plea has sought quashing of the February 5 order detaining Abdullah under the PSA and also sought his production before the court.
Sara said that exercise of powers by the 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".
Her plea 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."
"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 and 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."
also read
- Lok Sabha polls: NC fields Omar Abdullah from Baramulla, Agha Ruhullah Mehdi from Srinagar
- Ghulam Nabi Azad claims Abdullahs were consulted before abrogation of Article 370; NC leaders see red
- J&K: NC-PDP seat-sharing pact unlikely as Farooq Abdullah, Mehbooba Mufti set to attend INDIA bloc meet
- Article 370: Omar Abdullah, Mehbooba Mufti claim house arrest in Kashmir; Guv denies
- 'We won't be able to save ourselves if situation continues': Omar Abdullah on future of INDIA bloc
The plea said Omar Abdullah was not even served with the material that formed the basis of grounds of detention order and its non-supply vitiates the detention, which is liable to be quashed.
It said that at no point of time in his "prolific political career", Omar has resorted to or indulged in conduct unbecoming of a "conscientious public figure".
