Justice Mohan M Shantanagoudar recuses from hearing Sara Pilot's plea challenging detention of Omar Abdullah under PSA

Supreme Court Judge Justice Mohan M Shantanagoudar has today recused himself from hearing Sara Abdullah Pilot's plea challenging continued detention of former Jammu & Kashmir Chief Minister Omar Abdullah under the J&K Public Safety Act (PSA), 1978..The matter was listed before a Bench of Justices NV Ramana, Mohan M Shantanagoudar and Sanjiv Khanna..Senior Counsel Kapil Sibal representing Sara Abdullah Pilot told the Court thathe would be unavailable on Thursday and requested the Court to take up the matter on Friday, February 14. The Habeas Corpus plea is likely to be heard on Friday..Pilot has moved a habeas corpus petition, urging that the Supreme Court to order the release of Omar Abdullah, who has been under detention for over six months now. Further, Pilot has also prayed that the Court quash a fresh order of detention passed earlier this month to detain Abdullah under the PSA..The petition points out that the initial detention order against Abdullah under Section 107 of the Code of Criminal Procedure (CrPC) had lapsed on February 5, this year. In her plea, Pilot has challenged this order itself, particularly on contentions that the State has not conducted subsequent proceedings including the steps to undertake an inquiry in terms of Section 116, CrPC..While this is the case, the petitioner has raised questions over a fresh order of detention being passed under the PSA on February 5. It is contended that the provisions of the PSA invoked to to continue detaining Abdullah would have no application to him since he has remained in custody for months in a state that has been under complete lockdown..In this regard, the petitioner points out that the Government has not produced any new grounds, or any material supporting any ground to justify a fresh order of detention. Pilot contends that,.In absence of any such fresh ground and material, warranting in law the detention of the person in question, no detention can be ordered and any such detention made sans such fresh grounds and material would not only suffer from the vice of being arbitrary and unconstitutional but would also be frowned upon as being actuated by malice in law.”Sara Pilot.The petition has been filed by Advocate Pragya Baghel and drawn by Advocate Shariq J Reyaz. The petition has been settled by Senior Advocates Kapil Sibal and Gopal Sankaranarayanan.