Detaining Authority Has Exclusive Responsibility To Formulate Grounds Of Detention, Investigating Agency Can Only Give Inputs: JKL High Court
Quashing a Preventive detention order, the Jammu and Kashmir and Ladakh High Court recently observed that the Investigating agency has no role in the formulation of the grounds of detention of a detenue as the same is a prerogative of the detaining authority.A bench comprising Justice Vinod Chatterji Koul observed, "Detaining authority may get inputs from different agencies,...
Quashing a Preventive detention order, the Jammu and Kashmir and Ladakh High Court recently observed that the Investigating agency has no role in the formulation of the grounds of detention of a detenue as the same is a prerogative of the detaining authority.
A bench comprising Justice Vinod Chatterji Koul observed,
"Detaining authority may get inputs from different agencies, including Superintendent of Police concerned, but responsibility to formulate grounds of detention exclusively rests with detaining authority".
In his habeas corpus petition the detenue had challenged his detention inter alia on the ground that the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order and this in turn clearly depicts the non application of mind on the part of detaining authority.
In order to make out his case the counsel for the petitioner invited the attention of the court to the first line of the detention order, which read as,
“Whereas, on the basis of grounds of detention placed before me by the Superintendent of Police Kulgam……”
After examining the record and hearing the contentions the court observed that it was evident that detaining authority has said that it is “on the basis of grounds of detention placed before” him “by the Superintendent of Police Kulgam” that detaining authority is satisfied to place detenu under preventive detention.
Elucidating the mandate of the detaining authority with regard to the formulation of the grounds of detention in comparison to the limited role of the Investigating agency, Justice Koul observed,
"Detaining authority may get inputs from different agencies, including Superintendent of Police concerned, but responsibility to formulate grounds of detention exclusively rests with detaining authority. It is the detaining authority, who has to go through reports and other inputs received by him from concerned police and other agencies and on such perusal arrive at a subjective satisfaction that a person is to be placed under preventive detention."
Accordingly the bench quashed the detention order and directed the respondents to release the detinue forthwith, provided he is not required in any other case.
Case Title: Tawqeer Ahmad Wani Vs UT of J&K
Citation: 2023 LiveLaw (JKL) 30