The Supreme Court notice to the Union Territory of Jammu and Kashmir in the Habeas Corpus petition filed challenging the detention of former Chief Minister Omar Abdullah under the J& K Public Safety Act, (PSA) 1978

By
Asif Iqbal
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A PIL in the SC urging for a direction to allow the four death row convicts in the Nirbhaya case the option of donating their organs after their likely execution

The Petition filed by Sara Abdullah Pilot was called for hearing on 14th February 2020 by the bench consisting of Justice Arun Mishra and Justice Indira Banerjee; she was represented by the Senior Advocate, Kapil Sibal, Adit Pujari, Gopal Shankarnarayan and others. The petition was to challenge the detention of Omar Abdullah under the Jammu and Kashmir Public Safety Act, 1978. The Senior Advocate informed before the bench that the initial detention of Omar Abdullah was under the Section 107 of Code of Criminal Procedure (CrPc) and the detention has got extended due to the imposition of PSA Act on 5th February 2020. The grounds which have been mentioned in the dossier is considerable influence over the people which includes the ability to attract voters to polling booths without poll boycott calls and control use the energy of the public for any cause.

Subsequently, the Bench issued a notice to the administration of Jammu and Kashmir and proceeded to list the matter after three weeks. The Senior Advocate Kapil Sibal urged the bench to give short date stating habeas Corpus and matter of liberty. However, the political opponent and leader of Peoples Democratic Party (PDP) Mehbooba Mufti has been accused of making anti-national statements and supporting an organisation named Jamat-e-Islamia which has been banned under the Unlawful Activities (Prevention) Act (UAPA). Further, the dossier is prepared by the Police which mentions about his comments on social networking websites to instigate common people against the decisions of Article 35-A and Article 370 of the Constitution of India which have the potential to disturb the public order.

The Section 8 of the Public Safety Act, 1978 gives power to the Government in detaining certain persons who satisfy in respect to any person to prevent him from acting in any manner prejudicial to the security of the State or the maintenance of public order. Any personality mobilizes a public to promote, propagating, attempting to create, and feeling of enmity or hatred or disharmony on the ground of religion, race, caste, community or region in the territory. If there is preparation for using or attempt to use or using to incite, instigating, provoking, abetting the use of force in disturbing or likely to disturb public order in the territory of the State.

Key-Features:-

  • PDP was an ally with BJP till June 2018.
  • The legislation was passed by the then Chief Minister of Jammu and Kashmir, Sheikh Abdullah to restrict the timber smugglers.
  • The police used the legislation used in the early 1990s when militancy erupted in the State.
  • The stricter provisions were relaxed in the year 2012.
  • Many political leaders are under house arrest since 5th August 2019 and the Internet Connectivity is functional with speed up to 2G speed. 

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

Reference:-

  • Sarah Abdullah Pilot v. Union Territory of India, Writ Petition(s) Criminal No(S). 57/2020

 

 

Asif Iqbal
Asif Iqbal
I am pursuing my integrated five years bachelors of law degree from Centre for Juridical Studies, Dibrugarh University. I do have an interest in reading books written by Arundhati Roy, Ashwini Sanghi, Ramachandra Guha and others. Any personality whom I like is Karl Marx and Che Guevara, as latter did write the book “Motor Cycle diaries” which is based on upon his journey on a bike with his friend. Whereas I do like to binge-watch series and out of those which I have seen till now are two and a half men, Suits, Sherlock and Friends to name a few. Apart from that, I do have an interest in writing articles and stories along with being a part of any discussions or debates.