[dropcap]T[/dropcap]HE Supreme Court today closed a habeas corpus petition filed by Marumalarchi Dravida Munnetra Kazhagam (MDMK) chief and Rajya Sabha MP Vaiko, seeking production of former Chief Minister of J&K Farooq Abdullah before the court.
A three-judge bench comprising the Chief Justice of India (CJI) Ranjan Gogoi, and Justices S A Bobde and S Abdul Nazeer took note of the fact that an order of detention under the Jammu and Kashmir Public Safety Act (PSA) had been passed.
“Nothing survived in the petition. Challenge the detention order before an appropriate authority”, said the CJI.
Abdullah, 83, is currently under detention in Srinagar for more than a month now since the Modi government scrapped the semi-autonomous status of the state and divided it into two Union Territories.
An order of detention was passed just a day before the hearing in the Supreme Court on September 16, 2019.
The Court had issued notice to Central government and State of Jammu and Kashmir on September 16, 2019.
In his plea, Vaiko said Abdullah remains incommunicado, maintaining that he was invited as a guest for birthday celebrations of former Tamil Nadu CM CN Annadurai. He requested the top court that Abdullah be presented before the apex court and is permitted to attend Annadurai’s celebrations on September 11.
Vaiko added that he had written to authorities earlier, seeking the permission that Abdullah be allowed to travel to Chennai in order to attend a conference on freedom of speech and democratic participation but he failed to get a response.
He termed the refusal to allow Abdullah to attend the conference as illegal and arbitrary and violative of Articles 21, 22 and 19(1)(a) of the Constitution of India.
“The actions of the Respondents (government) are completely illegal and arbitrary and violative of the right to protection of life and personal liberty, right to protection from arrest and detention and also against right to free speech and expression which is the cornerstone of a democratic nation,” the plea said filed by Advocate G AnandaSelvam on Vaiko’s behalf.
A host of mainstream political leaders and separatist leaders remain under detention in the state. However, former chief ministers including Farooq Abdullah, his son Omar Abdullah and Mehbooba Mufti and others are now allowed brief visits by their relatives.
Previously, Peoples Democratic Party chief and former chief minister Mehbooba Mufti’s daughter Sana Iltija had moved the Supreme Court to meet her mother.
A bench headed by Chief Justice RanjanGogoi had allowed Iltija to meet her mother after she submitted in court that she has no problem in going to their Srinagar home but was not been able to move freely in the city.
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