Excelsior Correspondent
JAMMU, July 25: High Court of Jammu & Kashmir and Ladakh has directed Deputy Commissioner Udhampur to appear in person on Friday—26th of July, 2024.
The order has been passed by Justice Rahul Bharti after hearing Advocate AR Khan for the petitioner. “A bare reading of preventive detention order 01-PSA of 2024 dated 02.01.2024 passed by the District Magistrate, Udhampur purportedly under Jammu & Kashmir Public Safety Act, 1978 leaves this court nonplussed “, Justice Bharti said.
The High Court further said, “District Magistrate, Udhampur Saloni Rai had no time to spare a bare look at the text of the order which obviously seems to have been borne out of mindset of a clerk in the office placing it just for signature sake as ritual and formality”.
“The fall out of this order has been upon the petitioner whose personal liberty which is a fundamental right under Article 21 of the Constitution of India has suffered deprivation notwithstanding the characterization of the petitioner meant to be pasted in terms of the dossier submitted by the Senior Superintendent of Police (SSP), Udhampur”, Justice Bharti said, adding “given the state of the impugned preventive detention order this court reckons that it would be embarrassing for this court also to expect a counter affidavit to be filed for the purpose of adjudication of this writ petition as that would be expecting the respondents to defend an indefensible, therefore, this court cannot let the impugned order escape serious cognizance on the pretext of being an error of eye-sight or typographical mistake”.
Accordingly, High Court directed personal appearance of the District Magistrate, Udhampur along with the detention record on Friday—26.07.2024.
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