Omar Abdullah's case off to Mar 2 in SC

JAL KHAMBATA. Dated: 2/15/2020 12:51:14 PM

NEW DELHI, Feb 14: Former J&K Chief Minister and National Conference President Omar Abdullah (49) to wait till March 2 for the Supreme Court to hear his sister Sara Abdullah Pilot's petition against his detention under the Public Security Act, a stringent state law, two weeks ago after his earlier detention for six months under the Code of Criminal Procedure (CrPC) since August 5, 2019 when Article 370 was revoked.
A bench of Justices Arun Mishra and Indira Banerjee rejected the plea of Pilot's senior advocate Kapil Sibal for an early hearing while issuing a notice to the J&K administration on grounds for Omar's continuous detention. It said it would examine the validity of the detention on March 2.
Senior advocate Kapil Sibal appeared for Pilot in the apex court.
Pilot had on Monday approached the top court challenging her brother's detention under the Public Safety Act, saying the order was "manifestly illegal" and there was no question of him being a "threat to the maintenance of public order".
At the outset, the bench asked Sibal as to "what are the grounds of detention".
Sibal referred to the dossier handed over to Abdullah by Superintendent of Police and said the grounds of detention are already mentioned there.
"Has any petition been filed in the Jammu and Kashmir high court by anybody on your behalf? Verify whether anything is pending there," the bench told Sibal.
Sibal told the bench that nobody has filed anything in the high court on their behalf.
After issuing notice, the bench said the matter will be heard after three weeks.
Sibal urged the court that the matter be heard next week as it is a habeas corpus petition concerning liberty of an individual.
When Sibal said that it would delay the matter, the bench said," you have waited for so long. Wait for 15 more days.
"It can't be heard overnight," the bench said and posted the matter fore hearing on March 2.
The plea has sought quashing of the February 5 order detaining Abdullah, former chief minister of erstwhile state of Jammu and Kashmir, under the PSA and also sought his production before the court.
Pilot has 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 PSA which was slapped on Omar after the CrPC does not permit detention beyond six months, allows detention without trial for up to three months, which can be extended.

 

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