J&K HC Summons Srinagar DC Over PSA Detention OrderKashmir

“Personal liberty occupies a position of paramount importance in the constitutional scheme. Its deprivation, even for a single day, constitutes an injury which cannot subsequently be undone by the mere restoration of liberty,” Justice Nargal observed, underlining the seriousness with which the court viewed the matter.

The court directed the Deputy Commissioner to appear in person at the next date of hearing “to furnish an explanation as to why he has recklessly and mechanically passed the impugned detention order without due application of mind.” The case has been listed for hearing on Thursday.

Justice Nargal held that in the present case, the nature of the allegations, the apparent absence of specific material particulars in the grounds of detention, and the prima facie concern regarding the manner in which the detention order had been formulated warranted further examination by the court.

“Preventive detention, being an exceptional departure from the ordinary criminal process, must accordingly be exercised with utmost circumspection and strict adherence to the safeguards prescribed by the Constitution and the applicable law,” the judge observed. “The more extraordinary the power, the greater is the obligation to ensure that its exercise remains within the bounds of constitutional legitimacy,” he added.

The court further observed that the matter was not confined merely to the individual grievance raised in the petition. “The issue is not confined merely to the individual grievance raised in the petition; it also concerns the manner in which the extraordinary power of preventive detention is being exercised and the extent to which the requisite independent application of mind is reflected in the record,” Justice Nargal said, noting that the explanation of the authority entrusted with passing the order was therefore necessary.