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.
- 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
- India Today, Omar Abdullah’s PSA dossier cites his ‘considerable influence’ over people, Mehbooba’s pro-separatist stand https://www.indiatoday.in/india/story/omar-abdullah-s-psa-dossier-cites-his-considerable-influence-over-people-mehbooba-s-pro-separatist-stand-1644754-2020-02-09
- Bar & Bench, Supreme Court issues notice in plea challenging detention of Omar Abdullah under Public Safety Act https://www.barandbench.com/news/litigation/supreme-court-issues-notice-in-plea-challenging-detention-of-omar-abdullah-under-public-safety-act
- Sarah Abdullah Pilot v. Union Territory of India, Writ Petition(s) Criminal No(S). 57/2020