Can detention be extended beyond one year? Supreme Court asks Centre how long it proposes to extend Mehbooba Mufti's detention

The Supreme Court today asked the Central government how long it proposes to extend the detention of former Jammu & Kashmir Chief Minister Mehbooba Mufti, who has been confined since August 5 last year.The Court also asked the Centre whether Mufti's detention could extend beyond a period of one year..The Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy today took up the habeas corpus petition filed by Mufti's daughter, Iltija, challenging her detention under the Public Safety Act (PSA), 1978..The Court was informed that the Centre has filed its reply to the habeas corpus petition that was filed by Iltija last year..Considering the fact that the Court had not yet received a copy of the reply, the Bench said that it would peruse the reply and take up the case for hearing subsequently. Senior Counsel Nitya Ramakrishna, appearing for the petitioner, told the Court that an amendment plea has also been filed, which, among other things, sought permission for Mufti to visit people while in detention."Even people in jails are allowed to meet their families", Ramakrishna argued..While Court was not inclined to pass an order on this aspect, it observed that requests for visitation and meetings may be placed before the concerned authorities. .The Court also asked Solicitor General Tushar Mehta what were the grounds on which Mufti was being kept in detention for a prolonged period. "On grounds of public order," Mehta responded..SG Mehta was then asked to address the Court on whether detention can be extended beyond one year and whether the Centre proposed to further extend Mufti's detention..The Court will take up the matter next on October 15. In the meantime, the Centre will file its reply to the amended plea, while the petitioner will file a rejoinder..While issuing notice in this habeas corpus plea back in February this year, the Court had asked the Jammu & Kashmir government to file its response by March 18. However, the petition was not listed before the Court until today..Challenge to detention of Mehbooba Mufti under Public Safety Act: SC issues notice in Iltija Mufti's plea .The detention of Mufti and several other political leaders in Jammu & Kashmir 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 the recommendation of a Senior Superintendent of Police, Srinagar..Notably, the petition filed through Advocate Aakarsh Kamra and drawn by Advocate 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 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 are 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 & Kashmir if she were to be released..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. While some of these leaders - including NC leaders Farooq Abdullah and Omar Abdullah - now stand released, several others like Mufti continue to be detained..J&K Government issues orders revoking detention of Omar Abdullah