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Times of India·3 min read·medium

Who are the terrorists? J&K and Ladakh high court questions ‘vague’ detention order

N
NASEER GANAI
Who are the terrorists? J&K and Ladakh high court questions ‘vague’ detention order
✦AI Summary

The J&K and Ladakh High Court has criticized a preventive detention order for being vague and lacking independent assessment by the issuing authority. The court summoned the Srinagar deputy commissioner to explain why the order failed to identify specific terrorist links or provide concrete evidence.

Why it matters

This case highlights the judicial scrutiny of preventive detention laws and the protection of constitutional rights against arbitrary state action.

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SRINAGAR: J&K and Ladakh HC has summoned the Srinagar deputy commissioner for a personal appearance over a “vague” preventive detention order under Public Safety Act that accused a 28-year-old man of supporting “aforementioned terrorists” without identifying a single one, prompting the court to question whether the officer had independently assessed the case or merely reproduced a police dossier.A single bench of Justice Wasim Nargal said preventive detention, which allows authorities to deprive a person of liberty without a regular criminal trial, demands the “highest degree of constitutional responsibility and procedural diligence”.“The safeguards embodied in Articles 21 and 22 of the Constitution of India are not empty formalities,” the court said, adding that the detaining authority must independently assess the material and satisfy itself that legal conditions for detention are met.The court directed the DC to appear with the detention order, police dossier, material placed before him and records showing his…

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