SC Dismisses Vaiko's Habeas Petition For Release Of Farooq Abdullah

The Supreme Court on Monday dismissed the habeas corpus petition filed by MDMK leader Vaiko seeking release of former Jammu and Kashmir Chief Minister Farooq Abdullah.

CJI Ranjan Gogoi, heading the bench, said that 'nothing survives' in the petition after detention order was issued against Abdullah under J&K Public Safety Act on September 16.

The Court said that the petitioner was at liberty to challenge the detention order in 'appropriate proceedings'.

Notably, the detention order against him was issued on the wee hours of September 16, when the Court was scheduled to consider Vaiko's petition. Abdullah was stated to be under house arrest since August 5, following the Central Government measures to repeal the special status of Jammu and Kashmir.

The bench comprising CJI Ranjan Gogoi, Justices Bobde and Abdul Nazeer had issued notice to the Centre on the petition on September 16.

Vaiko, who is a Rajya Sabha MP from Tamil Nadu, has sought a direction to the Union of India to produce the body of Dr. Farooq Abdullah before the Supreme Court and to set him at liberty so as to enable him to attend the conference at Chennai on September 15.

It was stated in the petition that Abdullah, who was slated to attend a conference at Chennai on September 15 on the occassion of birthday of former Tamil Nadu CM C N Annadurai, has been unreachable since August 5 after the Central Government detained political leaders of the state and imposed curfew measures there following the abrogation of special status of J&K.

Vaiko had written to the Central Government on August 28 seeking permission to allow Abdullah to travel to Chennai; however, no response has been given to the letter, the petition states.

"The actions of the Respondents are completely illegal and arbitrary and violative of the right to protection of life and personal liberty,right to protection from arrest and detention and also against right to free speech and expression which is the cornerstone of a democratic nation", the petition argued.

"The Respondents have imposed an 'undeclared emergency 'in the State of Jammu and Kashmir and have placed an entire state in lockdown for the past one month and has further dealt a body-blow by arresting democratically elected representatives who were instrumental in strengthening democracy in the state" the petition added.