SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has invalidated the detention order of a Baramulla resident from Kashmir. Justice Rahul Bharti’s bench identified numerous shortcomings by the authorities, notably a pivotal error in the FIR reference, resulting in the detention order being deemed untenable.
Petitioner Abdul Qayoom Ganaie was detained under preventive custody pursuant to an order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988. The detention, executed on July 13, 2023, was based on allegations of involvement in organized drug trafficking, Live Law reported.
Represented by counsel M Usman Gani, Zareena Begum, the petitioner’s wife, contested the detention order, highlighting various inconsistencies and breaches of procedural regulations. The argument centred on the incorrect citation of FIR No 35/2023 instead of FIR No 33/2023, underscoring a failure of due diligence by the authorities.
Adjudicating the matter, Justice Bharti spotlighted the unexplained typographical error and found the wrong FIR reference to be a serious lapse and not a mere error. It highlighted the absurdity of expecting Ganaie to obtain a copy of the correct FIR (No. 33/2023) and inform the authorities about their mistake.
“This omission with respect to wrong mentioning of the FIR cannot be taken to be a case of typographical error..the petitioner was left at his own to understand and figure out the puzzle set in the dossier and the grounds of detention by the SSP Baramulla and the Divisional Commissioner, Kashmir respectively with respect to mention of FIR 35/2023 of the Police Station Boniyar as if expecting the petitioner to go and fetch a certified copy of the FIR No. 33/2023 and then make wise the SSP, Baramulla, and the respondent No. 2 – Divisional Commissioner, Kashmir of the typographical mistake attending their dossier and the grounds of detention respectively”, the bench remarked.
Pointing out the delay in issuing the detention order, even after Ganaie secured bail, the bench said, “..the Divisional Commissioner, Kashmir has not spelled out the reasons on the detention file of the case for the delay in responding to the dossier…Therefore, the delay caused in passing the detention order is a weakening factor against the detention of the petitioner rendering his detention illegal”.
Furthermore, Justice Bharti also scrutinised the opinion of the Advisory Board, constituted under the repealed JK Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, and observed that relying on an opinion from an Advisory Board constituted under a repealed Act has further undermined the legality of the detention.
Considering the cumulative effect of these lapses, Justice Bharti quashed the detention order and directed Ganaie’s immediate release.
