SC adjourns plea challenging Mehbooba Mufti's detention to October 15

New Delhi: The Supreme Court on Tuesday adjourned a plea, challenging former Jammu and Kashmir Chief Minister Mehbooba Mufti's detention, filed by her daughter Iltija Mufti.

A bench of Justices SK Kaul & Hrishikesh Roy asked the Solicitor General to get instruction on the petition seeking amendment to the prayers sought in Iltija's habeas corpus petition, which is currently pending adjudication.

During the hearing the Srinagar District Magistrate, who passed the order of preventive detention of Mufti under the Public Safety Act, told the Court that the order was passed after "subjective satisfaction" of the detaining authority that it is necessary to detain Mufti so as to prevent her from acting in any manner prejudicial to the maintenance of public order, LiveLaw reported.

Srinagar Magistrate said that all the incriminating materials and the detention order against Mufti were referred to an Advisory Board, consisting of a retired High Court Judge and two Principal District & Sessions Judges, for its opinion, which confirmed the order. The Magistrate submitted that the Supreme Court cannot on a review of the grounds of detention, substitute its own opinion for that of the authority.

The Magistrate, who questioned the maintainability of the habeas corpus plea filed by Iltija, also submitted that if the petitioner sought to invoke the writ jurisdiction, should have approached the Jammu and Kashmir High Court first.

Responding to the adjournment of the plea, Iltija tweeted:

Not surprised that Ms Mufti's habeas is being dragged on endlessly. A serious matter like illegal abrogation of Article 370 has been pending for over a year so one cant help but feel despondent.

— Mehbooba Mufti (@MehboobaMufti) September 29, 2020