New Delhi, Feb 14: The Supreme Court on Friday sought response from the Jammu and Kashmir administration on a plea filed by Sara Abdullah Pilot challenging the detention of her brother and National Conference leader Omar Abdullah under the Public Safety Act.

A bench of justices Arun Mishra and Indira Banerjee issued notice to the union territory of Jammu and Kashmir on Pilot’s plea and posted the matter for further hearing on March 02.

Senior advocate Kapil Sibal, appearing for Pilot, told the apex court that it is a habeas corpus petition and Omar has been kept in detention since August 04 last year.

Habeas corpus is a writ seeking production of person, who has allegedly been in illegal detention, before a court.

“He was in detention under section 107 of the CrPC. Now, he has been detained under the PSA,” Sibal said.

To this, the bench asked him, “What are the grounds of detention? Let us see.”

Sibal referred to the dossier handed over to Omar by the Superintendent of Police and said the grounds of detention are already mentioned there.

He said the dossier claimed that Omar has been detained under the PSA to avoid statements by the political leader, prevent violence and maintenance of law and order.

“Has any petition been filed in the Jammu and Kashmir high court by anybody on your behalf? Verify whether anything is pending there,” the bench told Sibal and asked him to file an affidavit in this regard.

The senior advocate told the court that nobody has filed anything in the high court on their behalf and the bench can record his statement on this.

“No counter affidavit is required in the matter as grounds of detention are already there,” he said.

After issuing notice, the bench said the matter will be heard after three weeks.

Sibal urged the court that the matter be heard next week as it is a habeas corpus petition concerning liberty of an individual.

When Sibal said that it would delay the matter, the bench said, “You have waited for so long. Wait for 15 more days.”

Sibal said there was no delay on their part as Omar was in detention since August last year.

“She (Sara) has not waited for one year. He was in detention. He is now in preventive detention under the PSA. Kindly have it next week. It is a fresh detention order,” he said.

To this, the bench said, “It can’t be heard overnight. Sorry.”

Pilot had on February 10 approached the apex court challenging her brother’s detention under the Jammu and Kashmir Public Safety Act (PSA), saying the order was “manifestly illegal” and there was no question of him being a “threat to the maintenance of public order”.

The plea sought quashing of the February 5 order detaining Omar, who was chief minister of the erstwhile state of Jammu and Kashmir from 2009-14, under the PSA and also his production before the court.

Pilot has said that exercise of powers by authorities under the CrPC to detain individuals, including political leaders, was “clearly mala fide to ensure that the opposition to the abrogation of Article 370 of the Constitution is silenced”.

The plea said that on the intervening night of August 4-5, 2019, Omar was put under house arrest and it was later learnt that section 107 of the Code of Criminal Procedure (CrPC), 1973 was invoked to justify it.

It said that at no point of time in his “prolific political career”, he has resorted to or indulged in conduct unbecoming of a “conscientious public figure”.

The grounds of detention against Omar claim that on the eve of reorganisation of the state, he had allegedly made attempts to provoke general masses against the revocation of Articles 370 and 35-A.

Omar, who has been junior foreign minister and commerce minister in the Atal Bihari Vajpayee-led Cabinet in 2000, was served with a three-page dossier in which he was alleged to have made statements in the past which were “subversive” in nature.

New Delhi, Feb 14:  Sara Abdullah Pilot, sister of former Jammu and Kashmir chief minister Omar Abdullah, on Friday said all Kashmiris should have the same rights as other citizens of the country.

Talking to reporters after hearing on her petition challenging Abdullah’s detention under the stringent Public Safety Act (PSA) in the Supreme Court, Sara said she was hopeful of an early hearing as it was “a habeas corpus case and the relief would be sooner.”

She said that she and her family had full faith in the justice system.

“We are here because we want all Kashmiris should have the same rights as the citizens of India and we are waiting for that day,” she said and did not take any further questions from journalists.

Earlier, the Supreme Court issued a notice to the Jammu and Kashmir administration on the plea challenging Abdullah’s detention under the Public Safety Act.

New Delhi: The European Union on Friday sought swift lifting of existing restrictions in Jammu and Kashmir but at the same time noted the “positive steps” initiated by the union government to restore normalcy in the region.

The comments by the European Union came a day after a group of 25 foreign envoys concluded a two-day visit to Jammu and Kashmir to have a first-hand account of the situation over six months after the Centre announced withdrawing its special status.

“The visit confirmed that the government of India has taken positive steps to restore normalcy. Some restrictions remain, notably on internet access and mobile services, and some political leaders are still in detention,” said Virginie Battu-Henriksson, EU Spokesperson for Foreign Affairs and Security Policy.

“While we recognise the serious security concerns, it is important that the remaining restrictions be lifted swiftly,” the official said.

Battu-Henriksson said the visit presented a “welcome opportunity” to see the situation on the ground and to interact with local interlocutors in Jammu and Kashmir.

“We look forward to continuing the dialogue with India on the situation in the region,” the official added.

The visit was organised by the government to help the foreign envoys know about the situation in the Union Territory.

The EU official said the programme included meetings with civil and military authorities, some political representatives as well as selected representatives of civil society and the business community.

Last month, the government had taken 15 envoys to Jammu and Kashmir but the European countries had declined to be part of it.

After announcing reorganisation of Jammu and Kashmir and withdrawal of its special powers, India imposed severe curbs including on movement of people as well as on mobile telephone and internet connectivity. The crackdown drew international criticism with several countries expressing concerns over the situation in Kashmir.

Jammu: A 60-year old villager was killed and four others were injured on Friday when Pakistan army engaged in heavy mortar shelling and firing on civilian areas and forward posts along the LoC in Jammu and Kashmir’s Poonch district, officials said.

Pakistan army targeted civilians when they were heading towards a mosque to offer Friday prayers in Shahpur hamlet along the Line of Control (Loc), they said.

Pakistani troops violated the ceasefire and launched mortar shells and fired from small arms on villages and forward posts along the LoC in Shahpur and Kerni areas of the district, the officials said.

They used 120 mm mortars to target villages, the officials added.

A mortar shell exploded near a mosque, killing one civilian and injuring four others, they said.

The officials said Indian Army guarding the borderline retaliated befittingly to the Pakistani shelling. The exchange of fire was going on when the reports last came in, they said.

The deceased was identified as Badar Din of Shahpur, the officials said, adding two among the injured were identified as Mohmmad Shabir (32) and Imtaiz Ahmed (33).

The injured have been shifted to the district hospital, they said.

Deputy Commissioner, Poonch, Rahul Yadav and SSP Ramesh Angral visited the hospital Poonch and met the injured persons undergoing treatment there.

Yadav announced an ex-gratia of Rs 1 lakh to the family of the deceased and Rs 5,000 each to the injured persons out of the Red Cross, a statement issued said.

A soldier was killed and three others were injured on Saturday last when Pakistani army violated the ceasefire by resorting to unprovoked firing of small arms and mortar shelling along the LoC in Poonch district, the officials said.

Lethpora: The 40 CRPF personnel killed in a terror attack in Pulwama a year ago were honoured on Friday with a memorial at the Lethpora camp of the force in a solemn and emotive ceremony.

The memorial is inscribed with the names of all the 40 troopers along with their photographs and the motto of the Central Reserve Police Force — ‘Seva and Nishtha’ (Service and Loyalty).

Maharashtra’s Umesh Gopinath, who undertook a 61,000 km journey to meet the families of the 40 families, collected soil from their homes in an urn and presented it to the CRPF during the ceremony.

The Lethpora camp is right next to the place where Jaish-e-Mohammed terrorist Adeel Ahmed Dar drove a jeep laden with explosives into a convoy of vehicles carrying security personnel on the Jammu-Srinagar highway at Lethpora in Pulwama in the Kashmir Valley.

Almost all the conspirators behind the attack last year have since been killed. The last one, Qari Yasir, the self-styled chief of the Jaish-e-Mohammad terror group, was killed last month.

“We fight with extra vigour during an encounter with terrorists and that is why we were able to eliminate the Jaish-e-Mohammed commanders immediately after the attack on our jawans,” said CRPF Additional Director General Zulfikar Hassan.

He laid the wreath for the jawans at the memorial constructed by the CRPF at the training facility.

Hassan expressed satisfaction over the ongoing probe by the National Investigation Agency and said no stone has been left unturned to take care of the martyrs’ families.

While he refused to spell out the precautions being taken during troop movements following the February 14, 2019 attack, officials in the security establishment said the movement of troops is now done in coordination with other security forces and the Army.

There was no movement of security forces convoys on the highway on Friday as there were intelligence inputs that militants might carry out symbolic attacks to mark the anniversary of last year’s attack.

“We are following standard operating procedures in letter and spirit to ensure that something like last year is not repeated. People have been cooperative in this regard,” a CRPF jawan said.

Guarding the very spot where the explosives laden car had blown up the bus carrying the CRPF personnel, he said he had been on duty since daybreak to ensure the function passed off without incident.

Since the attack last year, the Ministry of Home Affairs had allowed the CRPF to carry its troops by air to avoid the possibility of any such attack.

The process of bullet-proofing of vehicles carrying the troops was expedited and more and more bunker-type vehicles were seen on roads carrying the jawans.

New Delhi: Prime Minister Narendra Modi on Friday led the nation in paying tribute to the 40 CRPF personnel killed in a terror attack in Pulwama a year ago and said India will never forget their martyrdom.

Congress leader Rahul Gandhi, ministers Rajnath Singh, Smriti Irani and Hardeep Puri as well as AAP chief Arvind Kejriwal were among those who remembered those killed when a convoy of vehicles carrying security personnel was attacked on February 14 last year.

Modi said the slain security personnel were “exceptional individuals” who devoted their lives to serving and protecting the nation.

“Tributes to the brave martyrs who lost their lives in the gruesome Pulwama attack last year. They were exceptional individuals who devoted their lives to serving and protecting our nation. India will never forget their martyrdom,” Modi tweeted.

Remembering those killed in the terror strike, Congress leader Rahul Gandhi asked who benefitted the most from the attack and what was the outcome of the inquiry into it.

“Today as we remember our 40 CRPF martyrs in the #PulwamaAttack, let us ask: 1. Who benefitted the most from the attack? 2. What is the outcome of the inquiry into the attack? 3. Who in the BJP Govt has yet been held accountable for the security lapses that allowed the attack?” he asked on Twitter.

A year ago, Jaish-e-Mohammed terrorist Adeel Ahmed Dar, driving an explosive-laden car, blew himself next to a convoy of security vehicles on the Jammu-Srinagar highway at Lethpora in Jammu and Kashmir’s Pulwama, killing 40 Central Reserve Police Force troopers.

A memorial will be inaugurated at the Lethpora camp on Friday, a top official said. The names of all the 40 personnel along with their pictures will be part of the memorial along with the CRPF motto Seva and Nishtha’ (Service and Loyalty).

CPI-M leader Mohammed Salim demanded justice and asked how 80 kg of RDX had crossed the international border.

“We don’t need a memorial to remind us of our incompetence. The only thing we need to know is how 80kg of RDX got past the international borders to the ‘most militarised zone on earth’ & exploded in Pulwama. Justice for Pulwama Attack needs to be done,” Salim said on Twitter.

Defence Minister Rajnath Singh said the country was united in its fight against terrorism.

“Remembering the fallen @crpfindia personnel who were martyred during the dastardly attack in Pulwama(J&K) on this day in 2019. India will never forget their sacrifice. Entire nation stands united against terrorism and we are committed to continue our fight against this menace,” he said.

Union minister Smriti Irani, said she salutes the “brave sons of mother India”.

“On the first anniversary of the dastardly Pulwama terror attack, I join the nation in paying homage to the sacrifice of our soldiers,” said her colleague Hardeep Puri.

AAP leader Arvind Kejriwal called the personnel martyrs and offered them his “heartfelt homage”.

BJP president J P Nadda also hailed the sacrifice of the CRPF personnel.

“India will always remember their martyrdom. We should all unite to completely end terrorism from its very roots,” he said on Twitter.

LG Pays Tribute

JAMMU: Lieutenant Governor, Girish Chandra Murmu today paid rich tributes to the Central Reserve Police Force Jawans who lost their lives in 2019 Pulwama Attack.

Paying tribute to the CRPF personnel who made supreme sacrifice for upholding the sovereignty and integrity of the Nation, the Lt Governor observed that the country is indebted to all these martyrs and will always remember their valour and sacrifice. He also expressed solidarity with the families of the martyrs.

The Lt Governor said that the CRPF and other Para-military Forces are playing a crucial role in combating terrorism and ensuring safety and security of the people.