The Supreme Court will hear on Wednesday a plea filed by former Jammu and Kashmir chief minister Omar Abdullah’s sister challenging his detention under the Jammu and Kashmir Public Safety Act, 1978.
A bench headed by Justice N V Ramana will hear the plea of Sara Abdullah Pilot, who has said that 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 February 5 order detaining Abdullah under the PSA and also sought his production before the court.
Pilot has 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.”
It said that on the intervening night of August 4-5, 2019, Omar Abdullah was put under house arrest and it was later learnt that section 107 of Code of Criminal Procedure (CrPC), 1973 was invoked to justify such arrest.