The Supreme Court of India refused to pass order on the issue of detention of former J&K chief minister Farooq Abdullah under the Public Safety Act (PSA).
The bench headed by Chief Justice of India Ranjan Gogoi said the detention order will have to be challenged before an appropriate authority. The bench closed the petition, filed by MDMK chief Vaiko, who had moved a habeas corpus petition on behalf of Abdullah.
CJI Gogoi said, that “nothing survives” in the petition after the detention order was issued against Abdullah under the Public Safety Act on September 16th. However, Viako could challenge the detention order in “appropriate proceedings” CJI Gogoi added.
Vaiko had complained that he was not able to reach out to Mr. Abdullah after abrogation of Article 370.
He added Abdullah was supposed to attend his party’s event on September 15 but the National Conference President was now incommunicado.
On Monday, when Vaiko’s petition came up for hearing, Solicitor General Tushar Mehta, representing the Jammu and Kashmir government, said Abdullah has been booked under the PSA.
At this, the bench noted that since Abdullah has been detained under the PSA, the detention order needs to be challenged suitably. The court then wrapped up Vaiko’s habeas corpus petition, holding appropriate remedy will have to be exercised to challenge Abdullah’s detention order.
Source : Various