SC query to govt on Omar’s release
■ Ex-CM was detained before abrogation of Article 370
The Supreme Court on Wednesday asked the Centre and the administrator of Union Territory of J&K if it is going to release the former chief minister Omar Abdullah — who is now in detention under Public Safety Act.
Omar Abdullah was detained on August 4/5, 2019, shortly before the abrogation of Article 370 of the constitution and subsequent bifurcation of the J&K into two Union Territories — J&K and Ladakh.
Seeking to know if Omar Abdullah was being released, a bench comprising Justice Arun Mishra and Justice M.R.Shah said, “If you
Omar Abdullah are releasing him, then release him soon or we will hear the matter on merits.”
Asking the lawyer appearing for the Centre and J&K administration to take instruction whether Omar Abdullah is going to be released, the court adjourned the hearing indicating that the further hearing in the matter may take place next week when Justice
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Mishra and Justice Shah would be sitting again.
As senior counsel Kapil Sibal, appearing for petitioner Sara Abdullah Pilot, urged the court to fix a short date, the court said the under the existing curtailed arrangement in the wake of COVID-2019, only six benches are sitting and it is not certain when their next turn would come.
“Probably next week we are sitting and the matter will be taken up at that time,” the bench said.
Omar’s sister Sara Abdullah has challenged the further detaining her brother and former chief minister Omar Abdullah under the PSA and prior to the invoking of the Public Safety Act, the former Jammu & Kashmir Chief Minister was detained under Section 107 of the Code of Criminal Procedure.
Section 107 of the CrPC provides for steps to be taken by magistrate for keeping peace.
The release of former Chief Minister Farooq Abdullah a few days ago has raised hopes of the possible release of other two former Chief Minister Omar Abdullah and Mehbooba Mufti.
SEEKING TO know if Omar Abdullah was being released, a bench comprising Justice Arun Mishra and Justice M.R.Shah said, ‘If you are releasing him, then release him soon or we will hear the matter on merits.’