Srinagar, Oct 22: The High Court of Jammu and Kashmir and Ladakh has directed the Srinagar Deputy Commissioner to appear personally and explain the grounds on which a preventive detention order was passed against a city resident, questioning whether the decision was taken after an independent assessment of the material placed before the authority.
The direction was issued in a habeas corpus petition concerning Zubair Amin Bangroo of Srinagar. The court expressed concern that the grounds of detention appeared to lack specific particulars regarding the allegations against him.
The petitioner’s counsel argued that the allegations were vague and general and did not identify the alleged terrorist with whom the detainee was said to have maintained close relations. The counsel also contended that no specific locations of alleged hideouts had been identified and that no FIR had been registered against the petitioner.
The court questioned whether the detention order reflected an independent application of mind or merely reproduced assertions contained in the police dossier. It observed that the seriousness of an allegation, by itself, could not replace the requirement for relevant material and proper consideration by the detaining authority.
The Deputy Commissioner has been directed to appear with the complete original record, including the police dossier and material considered while passing the order, and explain the basis of the decision. The court’s observations concern the legality and reasoning of the detention order; they should not be read as a final determination of the underlying allegations. [KNT]
