Former Jammu and Chief Minister of Kashmir Omar Abdullah’s sister Sara Abdullah Pilot has moved Supreme Court over the detention of the National Conference chief under the draconian Public Safety Act.
Appearing for the petitioner, senior advocate Kapil Sibal listed the matter for urgent listing before a bench headed by Justice N V Ramana.
Sibal told the bench that they had filed a petition for habeas corpus challenging Abdullah’s detention under the PSA, and the matter should be heard this week.
The sister of Omar Abdullah called the renewed PSA detention orders “unconstitutional” and a “flagrant violation of his fundamental rights.”
The complaint challenging the detention of Omar Abdullah states that no evidence could be available to detain a person who has been detained for the previous six months; that there is no valid justification for his detention A reference to all the public statements and messages that Omar Abdullah posted during the period up to his first detention will show that he continued to call for peace.
The sister of Omar Abdullah also added that the PSA order “conflicts government policy” with the Indian State, implying that any challenge to the former constitutes a threat to the latter, which is entirely anti-democratic and undermines the Indian Constitution. Former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti were arrested under the stringent on February 6.
A magistrate accompanied by a police officer arrived at Hari Nivas where Omar, 49, has been detained since 5 August, the day the Center abrogated the former state’s special status and also declared its bifurcation into two union territories-Ladakh and Jammu and Kashmir.
He was granted a warrant issued under the PSA, a statute that was originally introduced in 1978 by his grandfather Sheik Mohammed Abdullah to search for timber smuggling.