Omar Abdullah's detention: SC judge recuses himself, next hearing on February 14

Omar Abdullah's detention: SC judge recuses himself, next hearing on February 14

Supreme Court judge Justice MM Shantanagoudar on Wednesday recused himself from hearing the plea on NC leader Omar Abdullah's detention. The plea has been filed by Omar Abdullah's sister Sara Abdullah Pilot challenging his detention under the J&K Public Safety Act (PSA).

"I am not participating in this matter," Justice Shantanagoudar said at the outset. The court will now hear the matter on Friday (February 14).

The plea is being heard by a bench headed by Justice NV Ramana. Abdullah's sister Sara Abdullah Pilot, in her plea has said that his 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 February 5 order detaining Abdullah under the PSA and also sought his production before the court.

Pilot has 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".

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."

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