Senior advocate Kapil Sibal, appearing for petitioner Sara Abdullah Pilot, mentioned the matter for urgent listing before a bench headed by Justice N V Ramana.
Sibal told the bench that they have filed a habeas corpus petition challenging the detention of Abdullah under the PSA and the matter should be heard this week.
The bench agreed to urgent listing of the matter.
In her petition, Pilot has said that there could be no material available to detain a person who has already been detained previously for six months.
“The grounds for the detention order are wholly lacking any material facts or particulars which are imperative for an order of detention,” the plea said, adding that the detention order is “illegal”.
“It is rare that those who have served the nation as members of Parliaments, Chief Ministers of state, ministers in the union and have also stood by the national aspirations of India are now perceived as a threat to the state,” the plea said.
It said that on the intervening night of August 4/5, 2019, Abdullah was put under house arrest.
“It was later learned that Section 107 of Code of Criminal Procedure 1973 was invoked justifying such arrest”.
“It is therefore of the utmost importance and of the utmost urgency that this court protects not only the individual’s Right to Life and Liberty but also protects the essence of Article 21 which is the cornerstone of Part 3 of the Constitution, a violation of which is anathema to all that a democratic nation stands for,” the plea said.
“Finally the order conflates governmental policy with the Indian state, suggesting that any opposition to the former constitute a threat to the later. This is wholly antithetical to a democratic polity and undermines the Indian constitution,” the petition said.
The plea has also sought quashing of the February 5 order detaining Abdullah under the PSA.
The grounds of detention against Omar, who was chief minister of the state from 2009-14, state that on the eve of reorganisation of the state he had made attempts to provoke general masses against the revocation of Articles 370 and 35-A.
The grounds also mention his comments on social networking sites to instigate common people against the decisions on Articles 370 and 35-A which had the potential of disturbing public order.
Omar, who has been junior foreign minister and commerce minister in Atal Bihari Vajpayee-led Cabinet in 2000, was served with a three-page dossier in which he was alleged to have made statements in the past which were “subversive” in nature.
The grounds also mention his comments on social networking sites to instigate common people against the decisions on Articles 370 and 35-A which had the potential of disturbing public order.
Restrictions have been put on communication links since August 5 last year. These were subsequently eased. Internet is functional at a few places through leased lines. Mobile internet facility has been made functional but with a speed of 2G with special instructions that it would not be used to access social media sites.
