Omar Abdullah's sister on Monday moved the Supreme Court challenging his fresh detention under the stringent Public Safety Act (PSA).
Senior advocate Kapil Sibal sought urgent hearing in the matter, and the top court agreed to consider his request before a bench headed by Justice N V Ramana
The bench agreed for urgent listing of the matter.
Omar's sister Sara Abdullah Pilot termed the February 5 order under PSA unconstitutional, and said that it also blatantly violates fundamental rights.
Sara Abdullah Pilot, in the petiton, said, "when her brother's release was imminent, the Petitioner has shockingly learnt about his new detention under the provisions of the Public Safety Act (under which their father also remains detained), which could have no application to one who has anyway been in custody over several months in a state that was under a complete lockdown."
Sara urged the Supreme Court to issue writ in the nature of Habeas Corpus commanding the authorities concerned to produce "the person of the detenu forthwith before this Hon'ble Court for being set at liberty."
Sara contended that apart from the obvious fact that his brother had disagreement with the policies of the Centre is a lawful right of a citizen in a democracy (especially to a member of the opposition), it is submitted that all such observations were not supported by any material whether in the form of social media posts or otherwise.
"There exists overwhelming evidence in the form of tweets and public statements made by the detenu prior to this detention that point towards the exemplary conduct of the detenu wherein he as a votary of peace and public order has repeatedly requested to general people to maintain peace and tranquillity", said Sara in her petition.
Omar Abdullah has been in detention at Hari Niwas in Srinagar since the abrogation of Article 370 on August five last year.
Omar Abdullah was booked under the PSA on February 6, 2020, after his six-month long preventive detention came to an end.
With agency inputs