SC judge recuses himself from hearing plea challenging Omar Abdullah`s PSA detention

Pilot`s plea was to be heard by a three-judge bench, justice M M Shantangoudar recused himself from hearing the plea at the outset.

The Supreme Court on Wednesday (February 12) adjourned hearing in case of plea filed by former Jammu and Kashmir chief minister Omar Abdullah's sister Sara Pilot after one of the judges recused himself. 

Pilot's plea was to be heard by a three-judge bench comprising justices N V Ramana, Shantanagoudar and Sanjiv Khanna. Justice M M Shantangoudar recused himself from hearing the plea at the outset. 

The petition filed by Sara Abdullah Pilot, challenged the National Conference leader's detention under the Public Safety Act (PSA). In her petition, Sara has said that Omar Abdullah's detention is "manifestly illegal" and there is no question of him being a "threat to the maintenance of public order".

Sara also urged the top court to quash the February 5 order which put the former Jammu and Kashmir chief minister in detention under the PSA and said that Abdullah should be produced before the court.

Sara Pilot has also said that exercise of powers by the 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".

"There has been a grave violation of Articles 14, 21 and 22 of the Constitution," the plea said, adding, "similar orders of detention have been issued by the Respondents (authorities of union territory of Jammu and Kashmir) over the last seven months in a wholly mechanical manner to other detainees, which suggest that there has been a consistent and concerted effort to muzzle all political rivals".

The bench then said it will hear the plea on Thursday.