The Apex Court has issued a notice to the Jammu and Kashmir administration on 26th February, 2020 over the petition that was filed by Iltija Javed, daughter of former Jammu and Kashmir Chief Minister Mehbooba Mufti. Iltija in her petition has challenged Mufti's detention and charges under the Public Safety Act of 1953.
Mehbooba Mufti, the former Chief minister of Jammu and Kashmir and People's Democratic Party (PDP) member had been charged under the Public Safety Act of 1953 after her detention was supposed to end as dated on 5th February, 2020. Mufti has been in detention since August, the month wherein the government removed the special status that was given to Jammu and Kashmir under Article 370 of the Constitution. Iltija's petition states that the detention order, "abounds with legal malafides and malice in law," adding that "grounds of detention are stale". Further to which she also stated that the Centre's dossier had charged Mufti for "a green party flag, being a "Daddy's girl" and tweets on social media." This dossier also refers to Mufti as a "hard-headed and scheming person" known for "dangerous and insidious machinations". And further compares her to a "medieval historical figure who usurped power by poisoning her opponents".
The Supreme Court bench headed today by Justice Arun Mishra has sought response from the J&K Administration on the above-mentioned petition. He also asked Iltija to also give an undertaking stating that she has not filed any other petition before any other judicial forum including the high court regarding to the challenge of the detention order of her mother.
The hearing of Itija's petition has been posted for 18th March, 2020.
Mehbooba Mufti and Omar Abdullah have been in preventive custody since 5th August, 2019. Their detentions were set to end on 5th February, 2020. The Government on 5th February used the Public Safety Act'53 in order to extend their detention by three months without any sort of trial.
Omar Abdullah's sister Sara Abdullah Pilot had also challenged his detention and the charges against him under the Act before the Supreme Court on 10th February, 2020.
The Supreme Court has set the hearing of Sara's petition on 2nd March, 2020.
Author - Dyuti Pandya