Omar Abdullah's sister challenges his detention under PSA in Supreme Court
Former Jammu and Kashmir chief minister Omar Abdullah's sister Sara Abdullah Pilot has moved Supreme Court over the National Conference leader's detention under the draconian Public Safety Act.
Senior advocate Kapil Sibal, appearing for the petitioner, mentioned the matter for urgent listing before a bench headed by Justice N V Ramana.
Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Abdullah under the PSA and the matter should be heard this week.
The bench agreed for urgent listing of the matter.
Omar Abdullah's sister has termed the renewed detention orders under the PSA as "unconstitutional" and a "flagrant violation of his fundamental rights".
The plea challenging Omar Abdullah’s detention says there could be no material available to detain a person who has already been detained for the previous six months; that grounds for the detention are wholly lacking any material facts
A reference to all the public statements and messages posted by Omar Abdullah during the period up to his first detention would reveal that he kept calling for peace and co-operation messages which in Gandhi’s India cannot remotely affect public order," the plea added.
Omar Abdullah's sister also added that the PSA order "conflates Governmental policy’ with the Indian State’, suggesting that any opposition to the former constitutes a threat to the latter. This is wholly antithetical to a democratic polity and undermines the Indian Constitution.
Former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti were on February 6 booked under the stringent Public Safety Act (PSA), barely hours before their six-month-long "preventive detention" were to come to an end. The PSA was also slapped on two political stalwarts from NC and its arch-rival PDP.