The Supreme Court will now hear on Thursday the plea filed by the sister of National Conference leader Omar Abdullah, challenging his detention under the Jammu and Kashmir Public Safety Act, 1978 after Justice Mohan M Shantanagoudar recused himself from hearing today.
The plea has been filed by Sara Abdullah Pilot, Omar’s sister and wife of Rajasthan Deputy Chief Minister Sachin Pilot, who 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.
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“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 a day before the Centre abrogated Article 370 last year.
(With ANI inputs)
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