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Mehbooba Mufti’s daughter Iltaja approaches Supreme Court again for mother's release

Last Updated 23 September 2020, 09:28 IST

Iltaja Mufti, daughter of incarcerated former chief minister of Jammu and Kashmir and PDP president has approached the Supreme Court against the government's move to charge her under the Public Safety Act (PSA) and extensions of the PSAs thereof.

In her application before the Apex Court Iltija has asked for permission to amend the writ petition seeking inter alia a writ of habeas corpus (bring the person). Habeas corpus is a writ seeking production of a person, who has allegedly been in illegal detention, before a court.

The petition, represented by senior advocate Aakarsh Kamra, was filed before the Supreme Court on September 18, but it is yet to be listed. “The administration’s conduct in the treatment of the detenu (Mehbooba) betrays total non-application of mind and callous disregard for her fundamental rights. The detenu is confined without a trial and without an offence,” it reads.

In the petition, Iltija has also pleaded that her mother is being denied access to even landline phones and is not being allowed to meet her relatives, including her sister.

Earlier in February, Iltija had filed a habeas corpus petition in the apex court challenging the government’s order issued on February 5 for invoking the PSA provision against Mehbooba to keep her in detention. The Supreme Court had sought response from the J&K administration on a plea challenging Mehbooba’s detention under the PSA.

“A key opposition leader has been jailed for over a year without recourse to trial. I have moved to the SC to bring in its notice that despite its order in February, J&K administration is yet to even file a reply which shows the respect they (J&K admin) has for courts and SC,” Iltija told DH.

She said she wants to bring into notice of the court the treatment Mehbooba has received as she has been deliberately kept out of bounds from the party people and “not allowed to attend to her duties as PDP president.”

Mehbooba was among dozens of high profile politicians, including two other former CMs – Farooq Abdullah and his son Omar - who were arrested hours ahead of the Centre revoking special status of the Jammu and Kashmir under Article and breaking the erstwhile state into two union territories on August 5 last year.

While most of the politicians including Abdullahs have been released since then, Mehboob remains the only one who is still under detention. On July 31, J&K administration extended her detention by three more months under the PSA. She remains detained at her official residence at Fairview Bungalow, here, which has been declared a subsidiary jail.

On Tuesday a leader of PDP said it may take to streets to secure Mehbooba’s release if all other means do not yield results.

"We have approached the Supreme Court. If it doesn’t work, we will raise our voice democratically. And if need arises, we will be forced to hit streets to seek her release," Youth PDP president Waheed ur Rehman Parra said.

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(Published 23 September 2020, 09:28 IST)

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