SRINAGAR: The Jammu and Kashmir and Ladakh High Court has canceled a detention order against a person without a FIR filed against them.
Justice Sanjay Dhar, who presided over the case, said, “Surprisingly, when no FIR is shown to have been registered against the petitioner, then how come 27 leaves of FIR, etc, have been provided to him. This exhibits total non-application of mind and overzealousness on the part of the detaining authority, which casts serious doubt about the authenticity of the receipt.”
The court also noted that the person was accused of being associated with militant groups, but there was no information in the file about the specific place or identity of the militants involved.
The report quoted the judgment, saying, “Thus, the grounds, being vague and lacking in material particulars, the detenu could not have made an effective representation against his detention. Therefore, there has been violation of constitutional guarantees envisaged under Article 22(5) of the Constitution.”
The detention order was issued by the District Magistrate of Anantnag based on a record consisting of 36 documents, including the detention order, notice of detention, grounds for detention, detention dossier, copies of the FIR, witness statements, and other relevant documents.
The authorities argued that the person’s actions posed a serious threat to the state’s security.
However, the court found that the records seemed to have been tampered with because the petitioner received a dossier of detention consisting of five leaves, while the police dossier only had four leaves.
The court also noted that the petitioner had submitted a representation through their father, which the respondents had received. However, there was no evidence that the representation had been taken into account or that the petitioner had been informed of any decision. This disregard for the representation was seen as a violation of constitutional protections.
The person under preventive detention is identified as Abid Hussain Ganie, son of Abdul Gani Ganie, and a resident of Ahang Matipora, District Anantnag.
The detention order was enforced to prevent Abid Hussain Ganie from engaging in activities that are considered prejudicial to the security of the state. As a result of the detention order, Abid Hussain Ganie was held in Central Jail, Jammu (Kot Bhalwal).
Consequently, the Court ordered the immediate release of the person from preventive custody. (LiveLaw)
