"How Long This Detention Will Continue?":SC Asks SG To Get Instructions On Plea Challenging Former J&K CM Mehbooba Mufti's Detention

Supreme Court on Tuesday asked Solicitor General to get instruction on the petition filed by former Chief Minister of Jammu & Kashmir, Mehbooba Mufti's daughter, Iltija challenging her detention under Public Safety Act.A bench of Justices SK Kaul & Hrishikesh Roy was hearing the petition seeking amendment to the prayers sought in Mufti's habeas corpus petition, which is currently pending adjudication."In the application, they (the petitioner) have said that they are moving the application because there has been no reply...", observed Justice S. K. Kaul."I have filed the reply. It might have been a little late in reaching...", began SG Tushar Mehta."Has the counsel for the petitioner received the reply?", asked Justice Kaul.When Advocate Nitya Ramakrishnan replied in the affirmative, Justice Kaul remarked, "I haven't received it...I need to read it""Why is the original petitioner not coming before the court? Is there any problem?", asked Justice Kaul. "The daughter was here in Delhi when the petition was filed. The court had passed orders for her to be able to access her mother...we have also filed an application saying that there are no pending proceedings (for the same relief in another forum) pursuant to the orders of this court", replied Ms. Ramakrishnan."So you are praying now for an early date of hearing? But the matter is before the court now...and you are seeking an interim order to allow the meeting...?", confirmed Justice Kaul."Her brother wasn't allowed to meet her before but after we filed this application, he has been able to meet her...", informed Ms. Ramakrishnan. "So why can't we dispose this off?", asked Justice Kaul."My Lords, we want clear directions...", responded Ms. Ramakrishnan, indicating prayers for being allowed phone calls, visits by family, close relatives, shifting of residence."No, no, two issues can't be mixed up...if something was obstructed, we could have passed directions, but now that the brother has already met...", observed Justice Kaul."She is in detention...and there is talk of political party meetings...", pointed out the SG."We may say that the detention is wrong...then everything will be allowed...but pending the detention...?", noted Justice Kaul."We are seeking 2-3 visits a week. Other inmates are allowed the same...landline phone calls are also permitted to people in jails", pressed Ms. Ramakrishnan."No, a blanket order like this would be difficult. But the brother has already met her. As and when a request is made, the state may accommodate the same", ordered Justice Kaul."In accordance with the law...", the SG added."Without law, nothing is possible...", conceded Justice Kaul."Whatever is permissible will be granted...", said the SG, as Ms. Ramakrishnan sought that the same may be notified.The prayers for amendment of the relief sought in the original petition was allowed."The detention has been ordered for how long? And on what grounds?", asked Justice Kaul from the SG."Public order...", replied the SG."It has earlier been said that the period of detention had come to be exceeded, considering the ground of detention?", ventured Justice Kaul."Please don't make any observations, Your Lordships, because there are...(cutting off)", said the SG."No, our observations are queries for you to answer...we just want to be addressed on the maximum period for the ground of detention, and the proposal as to how long the detention is to continue...I haven't seen the counter affidavit yet", said Justice Kaul."That is why I am requesting to defer any observations...and on these legal points, we shall assist the court", assured the SG."Each of these cases would be dealt differently, based on the facts...for the state to say things like "blood bath", "haath kat jayenge"...even I am holding back observations...", continued the SG."In a state of exuberance, a lot is said which may not be meant...", said Justice Kaul."But not in a state with the issue of militancy!", stressed the SG."What can one say to that...this is not all there is to the history of a wonderful state", remarked Justice Kaul.Finally, the matter was adjourned to October 15 for the SG to procure instructions.The amendment sought is to include grounds of challenge and additional prayers for challenging the orders of confirmation, dated February 26, 2020 and subsequent extensions, dated May 5, 2020 and July 31, 2020 of the Detention orders impugned in the Habeas Corpus Plea.The petitioner has averred,"This Application is preferred on the ground that the said orders were issued subsequent to the filing and during the pendency of this Writ Petition and as such unavailable to the Petitioner at the time of filing of the captioned Writ Petition, and that the same constitute not only a continuing cause of action i.e. the Impugned Detention Order in the captioned Writ Petition, but an egregious aggravation thereof"The plea states that The Detention Order of Mufti which was based on stale grounds "have become staler even...

"How Long This Detention Will Continue?":SC Asks SG To Get Instructions On Plea Challenging Former J&K CM Mehbooba Mufti's Detention

Sanya Talwar

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