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| HC Flags Administrative Lapses as Detention Orders Missing in Multiple Habeas Corpus Cases | | | Early Times Report
JAMMU, Feb 24: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court has taken serious note of glaring administrative lapses after detention orders were found not uploaded or placed on record in several Habeas Corpus Petitions challenging preventive detentions under the Public Safety Act (PSA).
During the course of proceedings, the Court observed that in multiple cases-namely HCP No. 157/2025, HCP No. 131/2025, and HCP No. 84/2025-the detention orders forming the very basis of the preventive custody were unavailable on the official judicial record. The absence of these crucial documents, the Court noted, strikes at the root of due process and hampers effective judicial scrutiny.
The Bench expressed concern that preventive detention, being an exceptional measure curtailing personal liberty, mandates strict and scrupulous compliance with procedural safeguards. Failure to place detention orders before the Court not only undermines the detainee's constitutional rights but also reflects poorly on the administrative machinery responsible for such actions.
Emphasising that the right to personal liberty under Article 21 of the Constitution cannot be dealt with casually, the Court observed that any delay, non-production, or non-uploading of detention orders raises serious doubts about the legality and sustainability of the detention itself.
The Court has sought appropriate explanations from the concerned authorities and indicated that such lapses may invite adverse consequences if not rectified promptly. The matters have been listed for further consideration, with directions to ensure that complete records are produced without fail.
Legal observers believe that the Court's firm stand serves as a reminder to the administration that preventive detention laws, though available, must be exercised with utmost responsibility and transparency, failing which the detentions may not withstand judicial review.
(JNF) |
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