The Jammu and Kashmir administration also cited his criticism of article 370 abrogation in past and said that public order is very contextual since the state shares border with Pakistan.
Delhi| While defending the prolonged detention of Former CM Omar Abdullah under stringent Public Safety Act (PSA), Jammu and Kashmir administration submitted a response in the Supreme Court saying he is a threat to public order and his past remarks against the abrogation of article 370 show his prejudice towards peace in the region.
The J&K administration iterated that Abdullah is an “imminent threat of deterioration of maintaining the public order”.
The district magistrate submitted the affidavit in front of the bench headed by Justice Arun Mishra. It emphasizes that the detention of Abdullah has been valid and approved by the Advisory Board on 24 February.
The affidavit also said that documents clearly indicate “there exist live and proximate links in the events that occurred in the past, the activities of the detenue and the possibility of such activities being prejudicial to the public order.”
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The DM said- “It is submitted that the acts, which are easily available in public domain, on the part of the detenue squarely fell within the realm of public order, as it was calculated to disturb public peace and tranquility. It is needless to emphasize that the incitement of the public at large pertains to public order.”
“It is submitted that considering the very peculiar geopolitical position of Jammu and Kashmir and Ladakh, and its geographical proximity with the Islamic Republic of Pakistan, the concept of public order needs to be examined contextually,” the DM further added.
On the question of going into grounds of detention, the affidavit pronounced that there’s a very limited scope of the judicial review in such case and the court cannot substitute its own opinion for that of the detaining authority.
The affidavit also pleaded for the dismissal of the petition filed by Omar’s Sarah Abdullah Pilot since the detention is neither illegal nor unlawful.
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