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The Supreme Court on Friday issued a notice the Centre and Jammu and Kashmir administration over the detention of former Chief Minister Omar Abdullah under the Public Safety Act (PSA).

Hearing a petition filed by Omar's sister Sara Abdullah Pilot on Friday, the SC bench, headed by Justice Arun Mishra, gave the government and J&K administration two weeks to submit their reply. The matter will now be heard on March 2.

The petition filed by Sara Abdullah Pilot challenges thedetention of National Conference leader Omar Abdullah under the J&K PublicSafety Act.

Pilot had on February 10 approached the SC challenging herbrother's detention, saying the order of detention is "manifestlyillegal" and there is no question of him being a "threat to themaintenance of public order".

The plea sought quashing of the February 5 order detaining Omar Abdullah, former chief minister of erstwhile state of Jammu and Kashmir,under the PSA and also sought his production before the court.

Pilot also said exercise of powers by authorities under theCrPC to detain individuals, including political leaders, was "clearly malafide to ensure that the opposition to the abrogation of Article 370 of theConstitution is silenced".It said that on the intervening night of August4-5, 2019, Omar Abdullah was put under house arrest and it was later learntthat section 107 of the Code of Criminal Procedure (CrPC), 1973 was invoked tojustify such arrest

It said "similar orders of detention have been issuedby respondents (authorities of union territory of Jammu and Kashmir) over thelast seven months in a wholly mechanical manner to other detenues, whichsuggest that there has been a consistent and concerted effort to muzzle allpolitical rivals".

The plea said there could be no material available to detaina person who has already been detained for previous six months and the"grounds for the detention order are wholly lacking any material facts orparticulars which are imperative for an order of detention".

The plea said at no point of time in his "prolificpolitical career", he has resorted to or indulged in conduct unbecoming ofa "conscientious public figure".

Omar Abdullah, who has been junior foreign minister andcommerce minister in the Atal Bihari Vajpayee-led Cabinet in 2000, was servedwith a three-page dossier in which he was alleged to have made statements inthe past which were "subversive" in nature.


Publish Time: 14 February 2020
TP News

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