38.6c New Delhi, India, Thursday, July 18, 2024

Omar Abdullahs Sister Moves SC Challenging The PSA Order Issued Against Him

By LawStreet News Network      10 February, 2020 01:02 PM      0 Comments
Omar Abdullahs Sister Moves SC Challenging The PSA Order Issued Against Him

Former Jammu and Kashmir Chief Minister Omar Abdullahs sister has challenged the 6 February, 2020 charge under the draconian Public Safety Act, 1953 (PSA) against Omar Abdullah before the Supreme Court. Omar's sister called the order unconstitutional and a fragrant violation of fundamental right.

The learned counsel for the petitioner, Kapil Sibal has mentioned the matter for urgent listing before a bench headed by Justice NV Ramana.Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Abdullah under the PSA and the matter should be heard this week. Thereafter, the bench agreed for urgent listing of the matter.

On February 6, 2020, Omar Abdullah and Mehbooba Mufti were charged under PSA which allows detention without trial for up to three months and multiple extensions. Mehbooba Muftis daughter, Iljita Mufti, who handles her Twitter handle, confirmed the detention. This order came on the last day of a 6 months' detention period. 

The Jammu and Kashmir administration has cited the National Conference leaders ability to convince his electorate to vote in huge numbers as one of the reasons for invoking the stringent Public Safety Act (PSA) against the former Chief Minister.

The capacity of the subject to influence people for any cause can be gauged from the fact that he was able to convince his electorate to come out and vote in huge numbers even during the peak of militancy and poll boycotts, a dossier prepared by the police said.

A magistrate accompanied by police served the order to Mehbooba Mufti at the bungalow where she has been detained; officials said Omar Abdullah was also booked under the PSA.

The Act was also slapped on NC (National Conference) General SecretaryAli Muhammad Sagar and PDP (Peoples Democratic Party) General Secretary Sartaj Madni. Mr. Madni, according to the PSA dossier, was booked for his role during a civilian agitation that followed the double-rape and murder of Asiya and Nelofar in 2009 and for his role in conceiving the self-rule doctrine. Mr. Sagars dossier underlined his statements made against the vision of India, Article 370 and Article 35 A and his potential to mobilise people.

Using the PSA against Farooq Abdullah was the first instance, in September, 2019, of the law being used against a mainstream politician, especially an MP and a three-time Chief Minister. Usually, it has been used to arrest terrorists, separatists or stone-throwers. Formally called the Jammu and Kashmir Public Safety Act, 1993, the law was introduced by Farooq Abdullah's father, Former Chief Minister Sheikh Abdullah, to target timber smugglers.


Author: Nandini Gandhi

Share this article:

User Avatar

Leave a feedback about this

Trending Know The Law
Zero FIR: Here’s all you need to know!

Understanding Zero FIR: Bharatiya Nyaya Sanhita Section 154 allows FIR at any police station. E-FIR under Section 173 ensures efficient crime reporting in India.

17 July, 2024 01:25 PM
Trending Judiciary
Judicial activist Ashwini Upadhyay asks SC to declare amendment to Preamble as unconstitutional

Judicial activist Ashwini Upadhyay petitions SC to declare the 42nd Amendment to the Preamble, which added "Socialist," "Secular," and "Integrity," as unconstitutional.

17 July, 2024 05:14 PM


Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM
Trending Judiciary
SC orders interim bail for Kejriwal in ED case, refers issues on arrest to larger bench

SC grants interim bail to Kejriwal in ED case, refers arrest issues to larger bench; AAP leader remains in jail due to separate CBI arrest in liquor scam.

12 July, 2024 11:21 AM
Trending Judiciary
Hathras incident: SC refuses to consider PIL on inquiry, adequate compensation

Supreme Court declines PIL on Hathras stampede inquiry and compensation, directs petitioner to approach High Court for addressing the issue.

12 July, 2024 01:38 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email