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High Court Directs Personal Appearance Of Jammu's Divisional Commissioner Over Repeated Failure To Produce Detention Records
Basit Amin Makhdoomi
10 Oct 2023 4:05 PM IST
The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea. The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail based on a 2022 order issued by...
The Jammu and Kashmir High Court has ordered the personal appearance of the Jammu Divisional Commissioner on October 12 for repeated failure to produce detention records in a habeas corpus plea.
The directions were passed by Justice Javed Iqbal Wani during the hearing of a habeas corpus petition filed by a man who is currently held in Kishtwar district jail based on a 2022 order issued by the Jammu divisional commissioner.
“Perusal of the record of the proceedings would reveal that the learned counsel for the respondents were directed on two previous dates to produce the detention record which, however, has not been produced even today, thus delaying consideration and disposal of the instant habeas corpus petition.”
During the hearing, the court noted that the financial commissioner (home), Jammu divisional commissioner, and Kishtwar senior superintendent failed for the second consecutive time to produce the detention records. Advocate Sayed Majid Shah, representing the petitioner, raised serious objections, emphasizing that the detaining authority has shown a blatant disregard for the court's directives.
Highlighting the urgency of the situation, the counsel for the petitioner stated that the detainee's period of detention is set to conclude on October 21, making it crucial for the court to act promptly. The petitioner’s counsel argued that such non-compliance from senior administrative officials signifies a lack of respect for the court's authority.
The government advocate representing the administration requested another opportunity to present the required documents.
However, due to the continued failure of the respondents' counsel to produce the detention record, the Divisional Commissioner of Jammu has been ordered to appear in person during the next hearing. The directive includes the requirement for the Divisional Commissioner to bring the petitioner's detention record with them.
It further directed,
“In view of the failure of the learned counsel for the respondents to produce the detention record, respondent no. 2 i.e. Divisional Commissioner, Jammu is directed to appear in person along with the detention record of the petitioner on the next date of hearing”
The court has set the next hearing for October 12 for further consideration.
Case Title: Salman Sajjad v UT Of J&K
