Failure to produce detention record on two consecutive dates
STATE TIMES NEWS
JAMMU: In a significant order, Justice Javed Iqbal Wani of the High Court of Jammu and Kashmir and Ladakh (Jammu Wing) has directed the personal appearance of Divisional Commissioner, Jammu along with the detention record of the petitioner on the next date of hearing–October 12, 2023 as the counsel appearing for the Financial Commissioner (Home) J&K Govt; Divisional Commissioner, Jammu and SSP Kishtwar failed to produce the record of detention on two consecutive dates, thereby delaying the consideration of the case. These directions were passed in a Habeas Corpus Petition filed by the detenue Salman Sajjad, son of Sajjad Hussain, resident of Umar Mohalla, Kishtwar presently lodged in District Jail, Kishtwar who is booked by the Divisional commissioner, Jammu vide order No. PITNDPS 31 of 2022 dated October 20, 2022. When this matter came up for hearing, Adv. Sayed Majid Shah appearing for the petitioner submitted that the court orders have been taken casually by the Detaining Authority–Divisional Commissioner, Jammu as despite the categoric directions for production of Detention Record from the last two consecutive dates, even today the time is sought by the counsel for the Divisional Commissioner, Jammu and this shows that the senior functionaries of the UT Administration have no respect for the orders of the court. Advocate Sayed Majid Shah further submitted that the detenue is going to complete the detention period on October 21,2023 and after few days, the petition will be rendered infructuous and the delay in the disposal of the petition is due to the dilatory tactics adopted by the detaining authority by not producing the detention record which has resulted in considerable delay in the disposal of the petition involving personal liberty of the detenue. Government Advocates Bhanu Jasrotia and Irfan Inqlabi appearing for the UT Administration and Divisional Commissioner, Jammu sought one more opportunity to produce the Detention Record as per previous orders of the court.
After taking a serious view of the matter, Justice Javed Iqbal Wani while expressing anguish over the non-compliance of the court orders observed, “Perusal of the record of the proceedings would reveal that the learned counsel for the respondents came to be 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”.
With these serious observations, Justice Javed Iqbal Wani directed Divisional Commissioner, Jammu to appear in person along with the detention record of the petitioner on the next date of hearing i.e October 12, 2023.