Failure to produce detention record
Excelsior Correspondent
JAMMU, Oct 7: High Court of Jammu and Kashmir and Ladakh has directed the personal appearance of Divisional Commissioner, Jammu along with the detention record of the petitioner on the next date of hearing as the counsel appearing for the Financial Commissioner (Home); Divisional Commissioner and SSP Kishtwar failed to produce the record of detention on two consecutive dates thereby delaying the consideration of the case.
The direction was passed in a Habeas Corpus Petition filed by the detenue Salman Sajjad, son of Sajjad Hussain of Kishtwar presently lodged in District Jail, Kishtwar after being booked by the Divisional Commissioner, Jammu vide Order No. PITNDPS 31 of 2022 dated 20-10-2022.
When the matter came up for hearing, Advocate Sayed Majid Shah appearing for the petitioner submitted that the court orders have been taken casually by the Detaining Authority–Divisional Commissioner, Jammu as despite the categoric directions for production of Detention Record from the last two consecutive dates time is sought by the counsel for the Divisional Commissioner and this shows that the senior functionaries of the UT Administration have no respect for the orders of the court.
“The detenue is going to complete the detention period on October 21, 2023 and after few days, the petition will be rendered infructuous and the delay in the disposal of the petition is due to the dilatory tactics adopted by the Detaining Authority by not producing the detention record which has resulted in considerable delay in the disposal of the petition involving personal liberty of the detenue”, he further submitted.
Government Advocates Bhanu Jasrotia and Irfan Inqlabi appearing for the UT Administration and Divisional Commissioner, Jammu sought one more opportunity to produce the Detention Record as per previous orders of the court.
Justice Javed Iqbal Wani, while expressing anguish over the non-compliance of the court orders observed, directed Divisional Commissioner to appear in person along with the detention record of the petitioner on the next date of hearing—October 12, 2023.
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