Former J&K CM Mehbooba Mufti released from preventive detention

Former J&K Chief Minister and PDP Chief Mehbooba Mufti was released from preventive detention on October 13, 2020. Mufti was finally released after the administration revoked the PSA charges against her, after over one year of preventive detention.

The PDP leader posted an audio message on her twitter account with a caption reading, "After being released from fourteen long months of illegal detention, a small message for my people." In the audio message, she stated that she has been released after over an year and during this time, "the black decision of the black day of August 5, 2019 hurt my heart and soul every moment and I am sure that this must have been the condition of the people of Jammu and Kashmir as well."

She further continued by saying, "None of us can forget the insult of that day. Now we will all have to decide that whatever the Delhi Durbar took away from us through illegal means on August 5 last year, we will have to get it back." She stated that they will have to continue their struggle for the Kashmir issue for which thousands of people laid down their lives. She stated that she agrees that the way ahead will not be easy at all but she is confident that everyone's united resolve will help us tread down this difficult path.

She concluded her message by asking for the release of all the others who continue to be in preventive detention in Jammu and Kashmir. 

The PDP chief’s release comes just ahead of the expiry of the deadline set by the Supreme Court of India. The top court had on September 29 given the Jammu and Kashmir administration time till October 14 to explain how long they intended to keep Mufti in custody. The apex court had been approached by Mufti's daughter Iltija Mufti with a habeas corpus petition challenging her “illegal” detention.

Mehbooba Mufti's Preventive Detention

• Mehbooba Mufti was placed under preventive detention under the J&K Public Safety Act (PSA) of 1978 on August 5, 2019 when Article 370 was revoked in Jammu and Kashmir, withdrawing its special status. Two other former J&K Chief Ministers- Farooq Abdullah and Omar Abdullah were also placed under preventive detention along with Mufti.

• Farooq Abdullah’s preventive detention order was revoked by the Jammu and Kashmir administration on March 5, 2020, while Omar Abdullah was released on March 24, 2020. After his release, 

• Omar Abdullah urged the government to release other politicians as well including Mehbooba Mufti saying that it is cruel to continue to detain Mehbooba Mufti and others at a time like this. 

• According to sources, Mehbooba Mufti’s PSA detention order is likely to be revoked by Jammu and Kashmir’s Home Department today. The political leader is expected to be released after the order is revoked and all the related formalities are completed. 

What is Public Safety Act (PSA)?

• The Public Safety Act of Jammu and Kashmir is a preventive detention law, under which a person can be taken into custody to prevent them from harming the security of the state and for maintenance of the public order. 

• The Public Safety Act only applies to Jammu and Kashmir. It is similar to the National Security Act, which is used by all Indian states for preventive detention. 

• The Public Safety Act was introduced in 1978 by the then J&K Chief Minister Sheikh Abdullah to stop the smuggling of timber. He later used it against his political rivals. 

• The act was one of the laws that was retained under the Jammu and Kashmir Reorganisation Act of 2019 after withdrawal of Article 370 in the state.