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Can detention be forever?: SC to Centre on Mehbooba

New Delhi: On Tuesday, the Supreme Court said detention can’t be forever and asked the Center whether past J&K Chief Minister Mehbooba Mufti’s detainment be stretched out past a year.

The comments were made by a bench headed by Justice Sanjay Kishan Kaul during the hearing of Iltija Mufti’s appeal challenging her mother’s and People’s Democratic Party (PDP) head’s order of detainment under the Public Safety Act (PSA) and its resulting extensions.

Justice Kaul questioned Solicitor General Tushar Mehta: How long Mehbooba has been in detention and what were the grounds?

The bench particularly needed to know could the detention be stretched out past one year.

Mehta, advocating the detention, said it has been done on public order grounds.

Justice Kaul stated the court needed to know for how long such detention can be stretched.

He asked: Can it be prolonged for so long?

Mehta asked the court not to record any observations. Justice Kaul answered these observations were inquiries of the court.

Mehta stated: I will address my lords on questions on facts and law.

The Solicitor General referred to the comments made by Mufti as affecting public order.

Justice Kaul answered that occasionally one could state a ton of things, which shouldn’t be said.

Mehta presented that such things should never have been said in a state which has a past filled with militancy. The top court permitted the Center to record an answer in the issue tending to the highest time of detention, and whether detention is proposed to be proceeded.

The bench noticed that one of the petitions in Iltija’s appeal was to give authorization for the family to meet her. Iltija’s counsel contended that even in detention facilities individuals are permitted to meet kinfolk.

The top court has reserved the issue for an additional meeting on October 15.

source: with input from ians