How long do you propose to continue detention: SC asks J&K
The Supreme Court bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy on Tuesday allowed the amendment of the writ petition filed by Iltija Mufti seeking the release of her mother Mehbooba Mufti. Owing to the COVID-induced restrictions, Iltija Mufti's petition could not be heard since February 2020. In her amendment application, she had requested the inclusion of additional grounds of challenge and prayers after the J&K administration extended the PDP chief's detention under the PSA on May 5 and July 31.
While refusing to grant blanket permission for the resumption of Mehbooba Mufti's political activities, the apex court directed the authorities to promptly act on a visitation request in accordance with the law. Moreover, it asked for the counter-affidavit to be placed on record and sought the J&K administration's reply to the amended writ petition in a week's time. The SC also observed that a rejoinder can be filed within a week thereafter. The matter will come up for hearing on October 15.
According to Iltija Mufti, the former J&K CM was being deliberately kept out of bounds for party people and to carry out her duties as PDP president. Mehbooba Mufti's daughter in her petition has also demanded appropriate compensation for the “illegal detention” that the PDP chief has suffered and to award the costs of the litigation to the petitioner. Other directions sought from the SC include visitation rights and reinstallation of the landline telephone connection.
The Supreme Court on Tuesday asked the central government whether it proposes to continue the preventive detention of former chief minister of Jammu and Kashmir, Mehbooba Mufti.
A bench headed by justice Sanjay Kishan Kaul asked the Centre to inform the top court about its proposal with regard to Mufti.
“You should address us on two issues ; One, what is the maximum period for which a person can be detained and two, what is your proposal and how long do you propose to continue the detention,” justice Kaul told Centre's second senior-most law officer, Solicitor General Tushar Mehta.
Mufti has been under detention since August 5, 2019, when the Centre nullified Article 370 and placed the Kashmir valley in a state of lockdown. Her detention in 2019 was under Section 107 of the Code of Criminal Procedure (CrPC), which empowers an executive magistrate to order a person to execute bonds “for keeping the peace”.
Iltija alleged that the continued detention was because of the refusal by Mufti to sign a general bond affirming that in case of release, she will not make any comment, deliver any speech or attend any public assembly related to the recent events in Jammu and Kashmir.
The case had first come up for hearing on February 26 when the top court had issued notice to the Centre and union territory of Jammu and Kashmir.
When the case came up for hearing today, Tushar Mehta told the court that Mufti has been detained on the ground that her conduct could lead to public order issues.
He also informed the court that the Centre has filed a counter affidavit in the matter.
The court adjourned the matter for October 15 after Iltija sought permission to file an amended petition. The Centre was given liberty to file its response to the amended plea.
Iltija has submitted that the detention of Mufti is a based upon dossier prepared by the Superintendent of Police, Srinagar which itself was replete personal remarks against Mufti and in bad taste.
The dossier, she alleged, was abound with vulgar descriptions about Mufti like “Daddy's girl” and “Kota Rani”, the latter a medieval queen who rose to power through scheming and poisoning of opponents. It contained unwarranted remarks about the marital status of Mufti and described her as “hard headed” and possessing a “scheming mind”.
It was Iltija's case that the detention of Mufti was based only on the grounds contained in the dossier and those grounds have no tendency to disturb public order.
