The Supreme Court on Monday dismissed MDMK General Secretary Vaiko’s habeas corpus petition seeking the release of former Jammu and Kashmir Chief Minister Farooq Abdullah from detention.
A bench headed by Chief Justice Ranjan Gogoi said that ‘nothing survives’ in the petition after taking note of his detention under the provisions of Jammu and Kashmir Public Safety Act.
However, the top court said that petitioner is at liberty to challenge the detention order before the appropriate authority.
Most political leaders from Jammu and Kashmir (J& K), including Abdullah, have been under detention since August 5, when the government announced abrogation of Article 370 that granted a special status to the erstwhile J& K state.
Vaiko, a Rajya Sabha member, had filed a plea asking the top court to allow Abdullah to attend a conference in Chennai. The conference was organised by Vaiko on September 15. However, the event is over now.
Vaiko told the court that for several years, he has been organising a conference in Chennai on the occasion of the birth anniversary of former Tamil Nadu Chief Minister Thiru. C.N. Annadurai.
This year, he had invited Abdullah to grace the occasion and he had agreed to attend it. Vaiko said that Abdullah had also attended previous editions of the Conference.
However, on or around August 5, Abdullah was placed under detention in Srinagar and despite many efforts, Vaiko was unable to contact him.
Vaiko said that the denial of permission to Abdullah to attend a peaceful and democratic conference is illegal and arbitrary and violative of Articles 21, 22 and 19(1)(a) of the Constitution.