Challenge to detention of Mehbooba Mufti under Public Safety Act: SC issues notice in Iltija Mufti's plea

The Supreme Court today issued notice to the Jammu and Kashmir administration on Iltija Mufti's petition challenging detention of her mother and former Chief Minister of Jammy and Kashmir, Mehbooba Mufti under J&K's Public Safety Act (PSA), 1978 ( Iltija vs Union of India & Ors ).

. The Court today asked the J&K government to file its response in the matter by March 18, when the matter will be taken up.

. As with several other detained political leaders in J&K, the initial detention order for detaining Mufti under Section 107 of the Code of Criminal Procedure (CrPC) had lapsed on February 5, this year. On the same day, a fresh detention order was passed under the PSA on recommendation by a Senior Superintendent of Police, Srinagar.

. Notably, the petition filed Advocate Aakarsh Kamra and drawn by Advocates Prasanna S and Kamra highlights that the grounds cited in the fresh detention order relies on a dossier prepared by the Superintendent, which in turn is " replete with personal remarks in bad tase (Scheming, hard hearted, short lived marriage, Daddy’s Girl etc). "

. The petitioner goes on to contend that the dossier that is manifestly biased, slanderous, libellous and which “ no reasonable person ought to rely on for depriving a citizen of her fundamental freedoms and personal liberty .”

. As far as the grounds cited in the February 5 detention order is concerned, it is argued that there is no suggestion that Mufti was involved in any violent activity. Rather, it is submitted that the order only contains opinions and various utterances “ without a single accompanying instance of any adverse effect on law and order. ” In this regard, the petition also states,

. “The grounds are not only stale, for they refer to utterances more than six months old and admittedly made with no adverse consequences to law and order, but are also vitiated for non-application of mind insofar as they fail to show to why said utterances pose a threat to public order. Other than a bald testament, not a single instance of any public disturbance has been cited."

. The petitioner further submits that Mehbooba Mufti was pressured to sign a bond undertaking to refrain from making any comment on the recent events in Jammu and Kashmir if she were to be released. oner argues that,

. "On this count alone, the Detention Order should be set aside, for, preventive detention, tolerated by our polity and jurisprudence as a necessary evil, is not meant to stifle legitimate opposition to state policy." Iltija Mufti . In effect, it is the petitioner's case that,

. … the impugned Detention Order is a simpliciter gag order in the guise of a preventive detention order, held to be ultra vires the law and the Constitution by this Court many times … Indeed, an order of preventive detention has been issued against expressions in respect of which even an injunction cannot be granted by a Court of law. Iltija Mufti . In view of these contentions, the prayers made by the petitioner before the Supreme Court include:

That the Supreme Court issue a writ of habeas corpus for the release of Mehbooba Mufti

That the Supreme Court quash the PSA detention order as violative of Article 14, 19, 21 and 22 of the Constitution, as well as ultra vires Section 8 of the PSA.

That the Supreme Court quash the dossier on which the PSA detention order has been passed.

That the Supreme Court direct the award of compensation for Mehbooba Mufti’s illegal detention.

. Mufti and other political leaders from J&K were detained in the wake of the Central Government's move to abrogate Article 370 of the Constitution of India in August last year.

. Earlier this month, the Supreme Court also issued notice to a similar plea filed for the release of Omar Abdullah, another former Jammu and Kashmir Chief Minister by his sister, Sara Pilot.

. [Read the Petition]

. [Read Petition]

Challenge to detention of Mehbooba Mufti under Public Safety Act: SC issues notice in Iltija Mufti's plea

Meera Emmanuel

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