SC Judge recuses from hearing on Omar’s detention

Tribune News Service

New Delhi, February 12

Justice Mohan M Shantanagoudar of the Supreme Court on Wednesday recused himself from hearing Sara Abdullah Pilot’s petition challenging the detention of her brother and former Jammu and Kashmir Chief Minister Omar Abdullah under the stringent Public Safety Act.

When her petition came up for hearing before a Bench headed by Justice NV Ramana, Justice Shantanagoudar said, “I will not hear this matter.” He, however, didn’t assign any reason to his decision to dissociate himself from the case.

Initially, the Bench said the matter would come up for hearing before a reconstituted Bench on Thursday, but later posted it for hearing on Friday as senior advocate Kapil Sibal, representing Pilot, said he was not available on February 13. Justice Ramana — who is heading the Bench — had last month delivered a verdict on petitions challenging lockdown in Jammu and Kashmir after the nullification of Article 370 of the Constitution. The top court had declared access to the Internet a constitutionally protected right under Article 19(1)(a) of the Constitution.

Terming her brother’s detention under the Public Safety Act as “manifestly illegal”, Sara had on Monday moved the Supreme Court seeking quashing of the February 5 order detaining him under the stringent law.

Fresh orders for detention of Omar and another former J&K CM Mehbooba Mufti was issued hours before their six-month period of detention under an August 5, 2019 order was due to expire. It was alleged that on the eve of reorganisation of the state he allegedly made attempts to provoke general masses against the revocation of Articles 370 and 35-A.

On the intervening night of August 4-5, 2019, Omar was put under house arrest and it was later learnt that Section 107 of the CrPC, 1973 was invoked to justify such arrest, she said demanding that her brother be produced before the top court.

Maintaining that there was no question of Omar being a “threat to the maintenance of public order”, Sara contended the detention of individuals, including political leaders, was clearly a malafide exercise of power to ensure that the opposition to the abrogation of Article 370 of the Constitution was silenced.