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SC refuses to entertain further Vaiko's plea seeking production of Farooq Abdullah

The Apex court bench headed by the CJI Ranjan Gogoi on Monday declined to pass any order on the plea of Rajya Sabha MP Vaiko seeking production of NC leader Farooq Abdullah before it. He (Abdullah) is under detention under the Public Safety Act.

The Supreme Court
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Published : Sep 30, 2019, 8:44 PM IST

New Delhi: The Supreme Court on Monday refused to further entertain the plea of Rajya Sabha MP Vaiko seeking production of National Conference (NC) leader Farooq Abdullah before it.

The Court also said that the MDMK leader could challenge the order detaining the former Jammu and Kashmir chief minister under the Public Safety Act (PSA).

SC refuses to entertain further Vaiko's plea seeking production of Farooq Abdullah
"He (Abdullah) is under detention under the Public Safety Act," a three-judge bench headed by Chief Justice Ranjan Gogoi said."Nothing survives in this petition," it added.
Vaiko's counsel questioned the conduct of the Jammu and Kashmir administration and claimed that few minutes before the apex court was scheduled to hear his petition on September 16, Abdullah was detained under the PSA.
The bench, also comprising justices SA Bobde and SA Nazeer, said that it is open for the petitioner to challenge the order detaining Abdullah under the Jammu and Kashmir PSA in appropriate proceedings.
Abdullah, 81, a five-time parliamentarian, is under detention following the scrapping of the state's special status under Article 370.
The top court had on September 16 directed the Centre and the J&K administration to respond to Vaiko's plea which had sought that Abdullah be produced before the court.
Vaiko's counsel had earlier told the apex court that there were conflicting claims about Abdullah's status and he was illegally detained by the authorities, which was an attack on his fundamental rights under the Constitution.
In his plea, Vaiko, who said that he has been a close friend of Abdullah for the last four decades, had contended that the constitutional rights conferred on the NC leader were being denied on account of his "illegal detention without any authority of law".
The Centre had on August 5 revoked provisions of Article 370 of the Constitution that gave a special status to Jammu and Kashmir and proposed that the state be bifurcated into the Union territories of Jammu and Kashmir and Ladakh.

Also Read: SC sends Gautam Navlakha's plea to another bench

New Delhi: The Supreme Court on Monday refused to further entertain the plea of Rajya Sabha MP Vaiko seeking production of National Conference (NC) leader Farooq Abdullah before it.

The Court also said that the MDMK leader could challenge the order detaining the former Jammu and Kashmir chief minister under the Public Safety Act (PSA).

SC refuses to entertain further Vaiko's plea seeking production of Farooq Abdullah
"He (Abdullah) is under detention under the Public Safety Act," a three-judge bench headed by Chief Justice Ranjan Gogoi said."Nothing survives in this petition," it added.
Vaiko's counsel questioned the conduct of the Jammu and Kashmir administration and claimed that few minutes before the apex court was scheduled to hear his petition on September 16, Abdullah was detained under the PSA.
The bench, also comprising justices SA Bobde and SA Nazeer, said that it is open for the petitioner to challenge the order detaining Abdullah under the Jammu and Kashmir PSA in appropriate proceedings.
Abdullah, 81, a five-time parliamentarian, is under detention following the scrapping of the state's special status under Article 370.
The top court had on September 16 directed the Centre and the J&K administration to respond to Vaiko's plea which had sought that Abdullah be produced before the court.
Vaiko's counsel had earlier told the apex court that there were conflicting claims about Abdullah's status and he was illegally detained by the authorities, which was an attack on his fundamental rights under the Constitution.
In his plea, Vaiko, who said that he has been a close friend of Abdullah for the last four decades, had contended that the constitutional rights conferred on the NC leader were being denied on account of his "illegal detention without any authority of law".
The Centre had on August 5 revoked provisions of Article 370 of the Constitution that gave a special status to Jammu and Kashmir and proposed that the state be bifurcated into the Union territories of Jammu and Kashmir and Ladakh.

Also Read: SC sends Gautam Navlakha's plea to another bench

Intro:The Supreme Court today declined to pass any order on MDMK's chief Vaiko's petition challenging the detention of Farooq Abdullah. The cheif Justice of India Ranjan Gogoi said that he is in detention under the Public Safety Act and that has to be challenged before an appropriate authority.


Body:The order for detention was issued against Abduallah on 16th September. The SC had previously issued a notice to the centre in this petition.



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