SC notice to J&K on plea challenging Mehbooba Mufti detention under PSA

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Mehbooba Mufti. (File)

THE SUPREME Court on Wednesday issued notice to the Jammu and Kashmir administration on a plea challenging the detention of former CM Mehbooba Mufti under the Public Safety Act, 1978.

A bench of Justices Arun Mishra, Vineet Saran and M R Shah, which took up the plea by Mufti’s daughter Iltija Mufti, asked her counsel why she had not approached the J&K High Court. The counsel pointed out that the Supreme Court had already been seized of a similar petition challenging the detention of Omar Abdullah, also a former CM.

The plea said the detention order signed by District Magistrate, Srinagar, was wholly and substantially based on the recommendation of and the dossier prepared by Senior Superintendent of Police, Srinagar. “No other material showing the facts on which the grounds of (detention) were based were given,” it said, adding that “the Impugned Dossier... is replete with personal remarks in bad taste...”.

It said Mehbooba was already under detention from August 5, 2019 when Parliament passed the amendments to Article 370 and that the “foremost reason” cited for continued detention under PSA was that the maximum period of detention under CrPC was expiring.