
Srinagar, Oct 22: The High Court of Jammu and Kashmir and Ladakh has directed the Deputy Commissioner Srinagar to appear personally and explain the basis for a preventive detention order issued against a city resident, raising questions over whether the decision was taken after independent consideration of the available material.
The direction came during the hearing of a habeas corpus petition filed in connection with Zubair Amin Bangroo of Srinagar. The court expressed concern that the grounds cited for his detention appeared to lack specific details supporting the allegations.
Counsel for the petitioner argued that the allegations were vague and general in nature. The counsel also pointed out that the alleged terrorist with whom the detainee was said to have close links had not been identified, while the alleged hideouts lacked specific locations. It was further submitted that no FIR had been registered against the petitioner.
The court questioned whether the detention order reflected an independent assessment by the detaining authority or merely reproduced the claims contained in the police dossier. It observed that the seriousness of allegations alone could not substitute for relevant supporting material and proper consideration of the case.
The Deputy Commissioner has been directed to appear before the court with the complete original record, including the police dossier and all material considered while issuing the detention order, and explain the reasoning behind the decision.
The matter concerns the legal basis and reasoning of the preventive detention order. The court's observations do not amount to a final ruling on the underlying allegations.
Srinagar, Oct 22: The High Court of Jammu and Kashmir and Ladakh has directed the Deputy Commissioner Srinagar to appear personally and explain the basis for a preventive detention order issued against a city resident, raising questions over whether the decision was taken after independent consideration of the available material.
The direction came during the hearing of a habeas corpus petition filed in connection with Zubair Amin Bangroo of Srinagar. The court expressed concern that the grounds cited for his detention appeared to lack specific details supporting the allegations.
Counsel for the petitioner argued that the allegations were vague and general in nature. The counsel also pointed out that the alleged terrorist with whom the detainee was said to have close links had not been identified, while the alleged hideouts lacked specific locations. It was further submitted that no FIR had been registered against the petitioner.
The court questioned whether the detention order reflected an independent assessment by the detaining authority or merely reproduced the claims contained in the police dossier. It observed that the seriousness of allegations alone could not substitute for relevant supporting material and proper consideration of the case.
The Deputy Commissioner has been directed to appear before the court with the complete original record, including the police dossier and all material considered while issuing the detention order, and explain the reasoning behind the decision.
The matter concerns the legal basis and reasoning of the preventive detention order. The court's observations do not amount to a final ruling on the underlying allegations.
© Copyright 2023 brighterkashmir.com All Rights Reserved. Quantum Technologies