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

Supreme Court judge Justice M M Shantanagoudar on Wednesday recused himself from hearing the plea filed by Sara Abdullah Pilot challenging the detention of her brother and NC leader Omar Abdullah under the J-K Public Safety Act.

Pilot's plea came up for hearing before a three-judge bench comprising justices N V Ramana, Shantanagoudar and Sanjiv Khanna.

"I am not participating in this matter," Justice Shantanagoudar said at the outset without citing any specific reason for his recusal.

Senior advocate Kapil Sibal, appearing for Pilot, urged the bench to list the matter for tomorrow.

The bench said the plea would be heard on Thursday.

Pilot had on Monday moved the top court challenging her brother's detention under the J-K Public Safety Act, 1978, saying the order of detention is "manifestly illegal" and there is no question of him being a "threat to the maintenance of public order".

The plea has sought quashing of the February 5 order detaining Abdullah under the PSA and also sought 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".

Her plea said the intent of exercise of power was to "incarcerate not just him (Omar Abdullah) but the entire leadership of the National Conference, as well as the leadership of other political parties, who were similarly dealt with including Farooq Abdullah, who has served the state and the union over several years... stood by India whenever the situation so demanded."