On Tuesday, the Supreme Court asked the central government if it intends to continue the pre-trial detention of the former Prime Minister of Jammu and Kashmir, Mehbooba Mufti.
A court chaired by Judge Sanjay Kishan Kaul asked the Center to inform the highest court of its proposal regarding the 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 you propose that the detention continue, ”Judge Kaul told the Center’s second highest-ranking legal officer, Attorney General Tushar Mehta.
The court was hearing a habeas corpus petition filed by Mufti’s daughter, Iltija, challenging her mother’s detention under the Jammu and Kashmir Public Safety Act (PSA).
Mufti has been in detention since August 5, 2019, when the Center struck down Article 370 and placed the Kashmir Valley in a state of lockdown. His arrest in 2019 was under Section 107 of the Criminal Procedure Code (CrPC), which empowers an executive magistrate to order a person to execute bonds “to keep the peace.”
He had been in custody for six months and his detention was scheduled to expire in February 2020 when a new arrest warrant was issued on February 5 under the PSA allowing the administration to detain a person without trial for a maximum period of 1 year in case of people who act in any way detrimental to the maintenance of public order and for two years in the case of people who act to the detriment of the country’s security.
Iltija alleged that the continued detention was due to Mufti refusing to sign a general bond stating that, if released, she will not make any comments, will not make any speech or attend any public assembly related to the recent events. in Jammu and Kashmir.
The case was first presented for hearing on February 26, when the high court issued a notice to the Center and the Union Territory of Jammu and Kashmir.
When the case went to hearing today, Tushar Mehta told the court that Mufti has been detained because her conduct could lead to public order problems.
He also informed the court that the Center has filed a counter-affidavit in the matter.
The court adjourned the matter to October 15 after Iltija requested permission to file an amended petition. The Center was released to present its response to the amended statement.
Iltija has claimed that Mufti’s arrest is based on a dossier prepared by the Srinagar Police Superintendent, which in turn was replete with personal comments against Mufti and in bad taste.
The dossier, he claimed, was full of vulgar descriptions of Mufti as “daddy’s girl” and “Kota Rani,” the latter a medieval queen who came to power through intrigue and poisoning of opponents. It contained unwarranted comments about Mufti’s marital status and described her as “stubborn” and possessing a “scheming mind.”
In the case of Iltija, Mufti’s arrest was based solely on the reasons contained in the file and those reasons do not tend to disturb public order.
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