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Supreme Court: The 3-judge bench of Arun Mishra, Vineet Saran and MR Shah, JJ has issued a notice to the Jammu and Kashmir administration seeking its response on a plea filed by Iltija, daughter of former chief minister Mehbooba Mufti, challenging her mother’s detention under the Jammu and Kashmir Public Safety Act, 1978. The bench also asked Iltija to file an affidavit that no similar case is pending before any other court and posted the matter for hearing to March 18.

During the hearing, senior advocate Nitya Ramakrishna appearing for Iltija assured the court that no petition is pending before any court. The court also asked the counsel about the situation in the Kashmir.

“What’s the position now? Schools have started? It came in the newspaper,”

At the outset, the bench even suggested the counsel to approach Jammu and Kashmir High Court. Senior counsel responded that High Court had taken a view that it can’t go into
the administrative issues, to which the bench replied that it’s not an administrative issue. “Cheap politics among masses,” counsel argued while reading out reasons for Mufti’s detention. The counsel also said that they (administration) have not referred to a single instance against former Chief Minister of inciting people.

The Jammu and Kashmir administration had, on February 5, invoked PSA against the former Chief Ministers Mehbooba Mufti and Omar Abdullah. Both the former Chief Ministers were detained after the government abrogated Article 370 last year. Earlier, the bench had also sought response from Jammu and Kashmir administration on a plea of former Jammu and Kashmir Chief Minister Omar Abdullah’s sister challenging his detention under the Jammu and Kashmir Public Safety Act.

(Source: ANI)

Hot Off The PressNews

Supreme Court: A bench headed by Justice Arun Mishra has issued a notice to the Jammu and Kashmir administration on the plea of National Conference leader Omar Abdullah’s sister challenging his detention under the Jammu and Kashmir Public Safety Act, 1978. The Jammu and Kashmir administration has to file a reply by March 2. Justice Mohan Shantanagoudar on Wednesday had recused from hearing the plea.

The Court inquired whether any similar plea filed by any person is pending before the High Court. On this, senior lawyer Kapil Sibal, who is appearing for Omar’s sister Sara Abdullah Pilot, said “no”.

In her plea, Sara Abdullah Pilot, Omar’s sister and wife of Rajasthan Deputy Chief Minister Sachin Pilot, 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.

“The intent of exercise of power was to incarcerate not just him 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 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 leader Mehbooba Mufti. Both the former Chief Ministers were detained after the government abrogated Article 370 last year.

On August 5, the Centre had abrogated Articles 370 and 35A of the Indian Constitution and the Parliament had passed the Jammu and Kashmir (Reorganisation) Act, 2019, bifurcating the former state into two Union Territories – Jammu and Kashmir and Kashmir with legislature and Ladakh without one. Following this, a batch of petitions was filed in the top court challenging the move.

(Source: ANI)

Hot Off The PressNews

Supreme Court: Justice Mohan Shantanagoudar on Wednesday has recused from hearing the plea of former Jammu and Kashmir Chief Minister Omar Abdullah’s sister, challenging his detention under the Jammu and Kashmir Public Safety Act, 1978. A three-judge Bench of Justice NV Ramana, Justice Mohan Shantanagoudar and Justice Sanjiv Khanna was scheduled to hear the case today after the matter was mentioned before the Court on Monday.

Another Bench has agreed to hear the case tomorrow. Senior advocate Kapil Sibal, appearing for Sara, mentioned that he will not be available for the hearing on Thursday. Thus, the top court scheduled the matter for hearing on Friday i.e. February 14, 2020.

In her plea, Sara Abdullah Pilot, Omar’s sister and wife of Rajasthan Deputy Chief Minister Sachin Pilot, 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.

“The intent of exercise of power was to incarcerate not just him 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 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 leader Mehbooba Mufti. Both the former Chief Ministers were detained after the government abrogated Article 370 last year.

On August 5, the Centre had abrogated Articles 370 and 35A of the Indian Constitution and the Parliament had passed the Jammu and Kashmir (Reorganisation) Act, 2019, bifurcating the former state into two Union Territories – Jammu and Kashmir and Kashmir with legislature and Ladakh without one. Following this, a batch of petitions was filed in the top court challenging the move.

(Source: ANI)

Hot Off The PressNews

Supreme Court: A petition has been filed in the Supreme Court challenging the detention of former Jammu and Kashmir Chief Minister Omar Abdullah, under the Public Safety Act (PSA). The plea was filed by Abdullah’s sister Sara Abdullah Pilot.

Abdullah and People’s Democratic Party (PDP) leader Mehbooba Mufti were recently booked under PSA. Both the former Jammu and Kashmir chief ministers were detained after the government abrogated Article 370 last year.

On the intervening night of 4 and 5 August 2019, Omar Abdullah was placed under preventive detention by the Indian Government. This came as a backdrop to the government’s decision of scrapping Article 370 of the Constitution of India, which gave the state of Jammu & Kashmir semi-autonomous powers. On August 5, the Centre had abrogated Articles 370 and 35A of the Indian Constitution and the Parliament had passed the Jammu and Kashmir (Reorganisation) Act, 2019, bifurcating the former state into two Union Territories – Jammu and Kashmir and Kashmir with legislature and Ladakh without one. Following this, a batch of petitions was filed in the top court challenging the move.

(Source: ANI)

Case BriefsHigh Courts

Jammu and Kashmir High Court: Sanjeev Kumar, J. while hearing a petition filed by Members of Parliament in respect to seeking permission to meet Dr Farooq Abdullah and Omar Abdullah, President and Vice-President of J&K National Conference as both of them have been house arrested, the Court gave permission for the same, along with few conditions.

The petition has been filed in by two Members of the Parliament who belong to the same party as Dr Farooq Abdullah and Omar Abdullah in order to seek permission from the Court to meet the above-stated names.

It has been alleged by the petitioners that the stated names are party’s top functionaries who have been under house arrest since 05-08-2019 and have not been permitted to meet any of their relatives or party worker’s. Petitioner’s claim themselves as being very close friends to the above-named functionaries of the party and are only interested in their well-being.

Further, petitioner 1 also submitted that he being the retired Judge of the J&K High Court and a Senior Advocate after his retirement is also capable of rendering legal advice, assistant to them.

High Court called upon the Senior AAG, Javed Iqbal to ascertain,

Whether the petitioner had actually been prevented by respondents from meeting their party President and Vice-President, and if so, for what reasons?”

To respond to the above stated, AG and AAG, stated at Bar that there is no formal restriction put on the petitioners to meet their party President and Vice-President. Further, they also stated that State may not be averse to the meeting of petitioners, provided petitioners ensure that they would not do anything aimed to vitiating the peaceful atmosphere.”

Thus the Court while giving permission to the petitioners in respect to the meeting imposed a few conditions on them as stated below:

  • Deputy Commissioner, Srinagar to facilitate a meeting of the petitioners with Dr Farooq Abdullah and Omar Abdullah, President and Vice-President of J&K National Conference. It would be appropriate is the petitioners are permitted to meet the aforesaid persons separately on different occasions.
  • Petitioners shall ensure that their meeting with their party president and vice president is restricted to a courtesy call and to know about the well-being;
  • Petitioner after meeting their party president and vice president, shall not go to press/media regarding their meeting and deliberations with the aforesaid persons.
  • It would be appreciated is Deputy Commissioner, Srinagar ensures the said meeting during the course of this week. [Hasnain Masoodi v. State of J&K, 2019 SCC OnLine J&K 762, decided on 11-09-2019]