Habeas Corpus petition for Omar in SC

New Delhi: Omar Abdullah’s sister Sara Pilot on Monday moved a habeas corpus petition in the Supreme Court to challenge his detention under the Public Safety Act, calling it “unjustified” and “arbitrary” against an elected lawmaker who held many high political offices with the “oath to uphold the Indian Constitution”.

Appearing for the petitioner, senior advocate Kapil Sibal pleaded before a bench of Justice NV Ramana for an urgent listing and hearing to which the bench agreed. No date has been set so far for any hearing. Hearing of a habeas corpus petition mandates that the detenue be produced before the court to see for itself if he was safe and sound.

The Constitution allows any detenue to move the SC under Article 32 for enforcing one’s Fundamental Rights of life and liberty. The petition said that Abdullah had not challenged his arbitrary detention despite knowing that the exercise of the power was “mala fide” as the intent was to incarcerate the entire National Conference leadership that had stood with India.


“The exercise of power under the CrPC was clearly mala fide to ensure that the opposition to abrogation of Article 370 of the Constitution is silenced.” Thereafter, he was served with another order on February 5, 2010, under the JK PSA, 1978, stating that his detention was “necessary for the maintenance of public order,” the petition contended.