The Supreme Court has asked the Centre and the Jammu and Kashmir administration to clarify within a week whether it proposes to release former Chief Minister Omar Abdullah, who is in detention since August 2019.
“If you are releasing him, then release him soon or we will hear the matter on merits,” a Bench led by Justice Arun Mishra told the lawyers on the government side on Wednesday.
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The observation came after counsel for the Centre and the J&K administration said Solicitor General Tushar Mehta, who is appearing in the matter, was arguing in another court.
The court was hearing a plea by Sara Abdullah Pilot, sister of Mr. Abdullah, challenging his continued detention under the Public Safety Act.
Mr. Abdullah was already under detention — from August 5 last year when the Centre removed the special rights of the Kashmiri people under Article 370 — when the PSA was slapped on him on February 5, 2020.
Ms. Pilot had explained that Mr. Abdullah’s detention from August 5 2019 under Section 107 CrPC (security for keeping the peace) was to have ended on February 5, 2020. He had served the maximum period of detention.
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But on February 5, the Executive Magistrate, instead of releasing him, ordered his further detention under Section 8 of the Public Safety Act of 1978 in an “arbitrary exercise of power.”
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She said there had been no effort by the authorities during the past six months to verify the truth behind the “information” that Mr. Abdullah was a threat to peace. In fact, on the other hand, there were reams of material in the form of tweets and public statements vouching for his exemplary conduct to maintain peace.
Ms. Pilot has claimed that there was danger to her brother’s life.
