Jammu and Kashmir administration on Monday told the Supreme Court that former Jammu and Kashmir Chief Minister Omar Abdullah has been "very vocal critic" of abrogation of Article 370 and his presence would pose an "imminent threat to public order."
The administration also objected to the petition filed by Omar Abdullah's sister challenging his detention under the Jammu and Kashmir Public Safety Act (PSA), 1978.
"Omar Abdullah has been a very vocal critic of any possible abrogation of Article 370 prior to its abrogation in August 5, 2019, considering the very peculiar geopolitical position of Jammu and Kashmir and Ladakh and its geographical proximity with Pakistan, the concept of "public order" needs to be examined contextually," stated the affidavit submitted by Srinagar District Magistrate.
The affidavit was filed on the petition of Sara Abdullah Pilot, challenging the detention of former Jammu and Kashmir Chief Minister Omar Abdullah under the Jammu and Kashmir Public Safety Act, 1978.
A bench of Justice Arun Mishra posted the matter for further hearing on Thursday after Solicitor General Tushar Mehta told the court that J-K administration has filed an affidavit in the matter.
It further added that Omar Abdullah by-passed the effective alternative remedy that is available under the Jammu and Kashmir Public Safety Act (PSA) of filing the representation before the government and/or hearing in person before the Advisory Board.
"The detenu (Omar Abdullah) has chosen not to file a representation before the Advisory Board. It is submitted that Omar Abdullah was and continues to be detained in conformity with the Public Safety Act and is kept in Hari Niwas (former palace of erstwhile king, located near Dal lake) which has been temporarily declared as subsidiary jail," the affidavit mentioned.
On Omar Abdullah's claim that he has been in custody for the past six months and had no access to any form of public speech and expression and therefore, there could be no reason/material to come to a conclusion that he can act in any manner which is prejudicial to public order, the affidavit stated that the assertion is "fallacious".
"The grounds of the detention order and dossier clearly indicate that there exists a "live and proximate link" in the events that occurred in the past, the activities of Omar Abdullah and possibilities of such activities being prejudicial to maintenance of public order, " the affidavit added.
Referring to the peculiar situation in J&K, the affidavit cited the number of deaths that have happened in Jammu and Kashmir since 1990.
"It may not be out of place to mention that so far that since 1990, 41,866 persons have lost their lives and 71,038 incidents throughout the erstwhile state of Jammu and Kashmir. This includes 14,038 civilians, 5292 personnel of security forces and 22,536 terrorists."
The Jammu and Kashmir administration had on February 5 invoked stringent PSA against the former Chief Minister Omar Abdullah and other top leaders in the erstwhile state.
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