HC directs DC Udhampur to appear in person
26/07/2024
JAMMU, Jul 25: Justice Rahul Bharti of Jammu & Kashmir directed Deputy Commissioner Udhampur to appear in person on Friday i.e 26th of July, 2024.
This order has been passed by Justice Rahul Bharti after hearing Advocate AR Khan for the petitioner, observed that a bare reading of preventive detention order 01-PSA of 2024 dated 02.01.2024 passed by the respondent No. 4 -District Magistrate, Udhampur purportedly under Jammu & Kashmir Public Safety Act, 1978 leaves this Court nonplussed as while the petitioner is referred to be a hardcore criminal of the area being involved in a series of criminal activities including serious offences/heinous nature cases/organized crime that may disrupt peace and tranquility of the area and endanger human life with distribution in public peace and tranquility rendering it necessary to detain him under the provisions of Public Safety Act, 1978.
High Court further observed that it is on this purported basis that the District Magistrate, Udhampur has pen down the detention order and the text of order saying "to disrupt peace of the area and endangering human life with distribution in public peace and tranquility" cannot go hand to hand as a matter of expression in the order itself and still the District Magistrate, Udhampur who is Saloni Rai, IAS had no time at disposal 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.
This writ petition was admitted on 08.05.2024 and counter affidavit is yet to be filed.
Court further observed that 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 and, therefore, directs personal appearance of the District Magistrate, Udhampur along with the detention record on Friday i.e. 26.07.2024.
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