SC said that the petitioner can challenge the order of detention against Farooq Abdullah before the competent authority under the Jammu Kashmir Public Safety Act.
New Delhi| The Supreme Court on Monday refused to hear the petition filed by Rajya Sabha member Vaiko demanding that former Jammu and Kashmir Chief Minister Farooq Abdullah be produced before him. However, the court said that the MDMK leader can challenge his detention under Public Safety Act.
A bench headed by Chief Justice Ranjan Gogoi told Vaiko’s lawyer, “He (Farooq Abdullah) is in custody under the Public Safety Act.” Vaiko’s counsel questioned the conduct of the Jammu and Kashmir administration and claimed that on 16 September Abdullah was detained under the Jammu and Kashmir Public Safety Act just minutes before the Supreme Court hearing.
The bench also consists of Justice SA Bobde and Justice SA Nazir. The bench said that the petitioner can challenge the order of detention against Farooq Abdullah before the competent authority under the Jammu Kashmir Public Safety Act. Along with this, the Supreme Court sent the petitioners related to the Kashmir issue to the Constitution Bench. The bench will hear issues related to the abolition of certain provisions of Article 370 from Tuesday.
The Supreme Court on Saturday (September 28) set up a constitutional bench of judges to hear petitions challenging the central government’s decision to overturn most of the provisions of Article 370 granting special state status to Jammu and Kashmir. The bench was headed by Justice N. V. Raman and the hearing will begin on October 1. The Constitutional Bench also consists of Justice SK Kaul, Justice R Subhash Reddy, Justice BR Gavai and Justice Suryakant. Official sources said that the constitution bench would hear the case from October 1.
An official source said that the bench would start hearing from next month on the constitutionality of repealing most of the provisions of Article 370 and later on the validity of the Presidential order issued on it (regarding repeal). On August 28, a bench headed by Chief Justice Ranjan Gogoi referred the matter to the constitution bench of five judges.
A number of petitions have been filed over the central government’s decision to scrap most of the provisions of Article 370 giving special status to Jammu and Kashmir and divide the state into two union territories, Jammu and Kashmir and Ladakh. The decision to make Jammu and Kashmir and Ladakh a union territory will come into effect from 31 October. Petitions have been filed by several others including Sajjad Lone led People’s Conference, National Conference. The first petition was filed by advocate MS Sharma.