Hearing on the petition of Sara Pilot for the release of the Omar Abdullah today, challenge the arrest under PSA
new Delhi. The Supreme Court on Tuesday will hear the plea of former Jammu and Kashmir Chief Minister Omar Abdullah for the release of his sister Sara Pilot. Sara has challenged the custody of her brother Omar under the Public Safety Act 1978 (PSA) in the petition. On March 5, this petition was listed in a bench headed by Justice Arun Mishra. However, the trial could not be held due to Justice Mishra being busy in the second case. The court had asked for Sarah’s plea to be heard after Holi.
Senior advocate Kapil Sibal had appeared in the court on behalf of Sara. Sibal had told the court that this is a habeas corpus petition, so it should be heard soon. In this case, the court had issued a notice to the Center and the Jammu administration on 12 February seeking an answer.
Administration claims – Omar’s release threatens government order
On March 2, the Jammu and Kashmir administration submitted its reply to the court on the matter. The administration told the court that Omar had been a strong critic of Article 370. Jammu and Kashmir and Ladakh are very close to Pakistan. In such a situation, if they are released, there is a threat on the government order to remove Article 370. The administration also objected to Sara’s challenge to Umar’s custody under the PSA. Omar has been placed under house arrest in the government guest house since August, 2019.
Omar’s father Farooq Abdullah has been released from house arrest
Omar’s father Farooq Abdullah was also booked under the PSA, although he was released last week. On the second day of his release, Farooq met Umar. PSA has been imposed on many leaders of Jammu and Kashmir. Omar and Mehbooba Mufti were booked under the PSA on 6 February. Both custody periods were coming to an end on this day. The police wrote in the dossier that Omar Abdullah has a great influence on the public, he can use the public’s energy for any reason. Mehbooba also made anti-national statements and she is a supporter of the separatists.
What is PSA?
Under the PSA, the government can detain any person deemed inflammatory or harmful to the state. The law allows detention of persons outside the jurisdiction of the ordering officer. According to section 13 of the law, the order of detention can only be issued by the commissioner or DM. In this, no one is obliged to say that the law is against public interest.
The law has two sections. One – seeing the danger to the people, a person can be kept in custody for 3 months without trial. It can be extended up to 6 months. Second- threat to the security of the state, it can be kept in custody for two years.
