“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that detention orders passed under preventive detention laws merely by reproducing allegations contained in dossiers supplied by sponsoring authorities, without independent application of mind by the detaining authority, are illegal and unconstitutional. The Court observed that detaining authorities are expected to act neutrally between the State and the liberty of a citizen and cannot function as “rubber stamps” of sponsoring agencies.The Court was hearing a habeas corpus petition challenging two detention orders passed under Sections 8(1)(a) and 8(1)(a-1) of the Jammu and Kashmir Public Safety Act, 1978, directing preventive detention of the petitioner on allegations relating to encroachment of forest land and allied activities.A Bench comprising Justice Rajesh Sekhri observed: “It is a matter of common experience that grounds of detention furnished to a detenue in Habeas Corpus matters would often contain generic allegations forming part of the dossier submitted by the sponsoring authority, without any independent application of mind. Such a 'copy-paste' culture on the part of detaining authorities would fundamentally infringe upon fundamental rights of citizens guaranteed under the Constitution.”The Bench further added: “Personal liberty of a person cannot be trifled in such a cavalier fashion. The detaining authorities are expected to act neutrally between the State and the individual liberty of a citizen and cannot afford to act as a rubber stamp of sponsoring authorities. Preventive detention is a drastic precautionary measure intended to intercept future crimes, but it cannot be invoked to punish a citizen for unsubstantiated claims. Therefore, detention orders which merely “copy-paste” the dossiers of sponsoring authorities, without independent evaluation of the detaining authorities, are illegal”. The detention orders were passed based on a dossier submitted by the Divisional Forest Officer alleging that the petitioner was a habitual land grabber who had encroached upon forest land falling within the Bahu Forest Range and the Bahu Conservation Reserve. The sponsoring authority alleged that the petitioner had engaged in illegal construction, land breaking, illegal mining and smuggling of forest resources and had created a hindrance during demarcation proceedings.The dossier further alleged that the petitioner had carved out plots on forest land and sold them in the form of residential plots, thereby duping members of the public and creating the potential for unrest among the general public.The petitioner challenged the detention orders primarily on the ground that the allegations contained in the dossier did not fall within the ambit of Section 8(1)(a-1) of the Public Safety Act relating to smuggling of timber or liquor and that the detaining authority had mechanically reproduced allegations supplied by the sponsoring authority without independent application of mind.It was further contended that two detention orders bearing the same number and date had been issued under different provisions of the Public Safety Act, demonstrating complete non-application of mind by the detaining authority.The respondents opposed the petition, contending that the petitioner was a habitual encroacher and that ordinary law had failed to deter him from indulging in similar activities. It was also contended that reference to Section 8(1)(a-1) of the Public Safety Act in one of the detention orders was merely a clerical error.The High Court examined the scope of Section 8(1)(a-1) of the Public Safety Act and observed that the provision could be invoked only in matters relating to the smuggling of timber or liquor, abetment of such smuggling, transportation or concealment of smuggled timber, or harbouring persons engaged in such activities.The Court noted that none of the allegations against the petitioner related to smuggling of timber or liquor within the meaning of the provision invoked by the detaining authority.The Bench observed: “It is evident from a plain reading of Clause (A-1) of sub-section (1) of Section 8 PSA that it can be invoked with a view to prevent a person from smuggling timber or liquor or abetting the same, or engaging in the transportation or concealing or keeping the smuggled timber or dealing in the smuggled timber, or otherwise engaging in the transportation or concealment or keeping or harboring persons engaged in the smuggling or abetting the smuggling of timber or liquor, which are not allegations against the petitioner.”The Court held that the allegations merely referred to the petitioner as a land grabber enlisted in various encroachment lists maintained by the Forest Department, and therefore, no ground whatsoever was made out for passing the detention orders under the provision invoked.The Court observed: “It is evident from a bare perusal of the aforesaid allegations that impugned orders have been passed by the detaining authority on...

“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers