SC Seeks Center’s Reply To Vaiko’s Habeas Corpus Plea But Solicitor General Claims Abdullah Is Not Under Detention

The Supreme Court has issued notice and sought the central government’s reply in response to the habeas corpus petition filed by the Tamil Nadu-based Marumalarchi Dravida Munnetra Kazhagam (MDMK) leader Vaiko to produce former J&K Chief Minister and National Conference leader Farooq Abdullah.

The Supreme Court has issued the notice returnable in a week and fixed the next date of hearing for September 23, 2019.

The development came even as it was being reported that the former J&K Chief Minister and present Rajya Sabha member Farooq Abdullah has been detained under the draconian Jammu & Kashmir Public Safety Act, 1978 (J&K PSA), which allows detention without trial for two years.

However, the Ministry of Home Affairs told Vaiko’s counsel in the Supreme Court that Abdullah is not under detention, and there is no information available on him.

After Vaiko’s counsel asked whether or not Abdullah is under detention, Solicitor General Tushar Mehta told the Supreme Court that he would have to get instructions on the same and added that the conference for which the habeas corpus petition was filed is already over.

Soon after, the Supreme Court bench comprising Chief Justice of India Ranjan Gogoi, Justice S A Bobde and Justice S Abdul Nazeer issued a notice to the central government in the matter.

This prompted Solicitor General Tushar Mehta to oppose issuing of notice, arguing that since the central government is already represented, issuing a formal notice is unnecessary.

It may be recalled that earlier Tamil Nadu politician Vaiko had requested that the Supreme Court to intervene so that Farooq Abdullah may be allowed to travel to Chennai to attend an annual conference organized by the MDMK, which was scheduled for September 15.

The petition was moved after Vaiko's letter written to J&K government authorities dated August 29 failed to get any response.