Omar’s sister moves SC challenging PSA detention

The Supreme Court on Monday agreed to hear the plea by Sara Abdullah Pilot — sister of former J&K chief minister Omar Abdullah — challenging her brother’s detention under Public Safety Act.

A top court bench headed by Justice N.V. Ramana agreed to listing of the plea by Sara Abdullah upon a mentioning by senior counsel Kapil Sibal seeking an urgent listing.

Omar Abdullah, his father and former J&K chief minister Farooq Abdullah and other senior Kashmiri leaders are under detention since August 5, 2019, under the instructions of the Centre and the state administration following the abrogation of Article 370 and the bifurcation of the state into Union Territories.

Sara in her petition has contended that there could not be any mew material for further detaining a person who is already under detention for six months. She has also sought quashing of the February 5, 2020, order detaining Omar Abdullah under the PSA. Describing the detention as “illegal”, Sara Abdullah in her petition says, “The grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention.”

Recounting the public service rendered by Omar as CM and as a Union minister, the petition says, “It is rare that those who have served the nation as MPs, CMs, ministers in the Union and have also stood by the national aspirations of India are perceived as a threat.”

It further says, “It is therefore of the utmost importance and of the utmost urgency that this court protects not only the individual’s Right to Life and Liberty but also protects the essence of Article 21 which is the cornerstone of Part III of the Constitution, a violation of which is anathema to all that a democratic nation stands for.”