It is settled law that there should not be supine indifference, slackness or callous attitude in considering the representation and any unexplained delay in disposal of a representation would be a breach of the Constitutional imperative and it would render the continued detention impermissible and illegal: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 30th of December, 2022 in which the court upheld the petition and quashed the detention order by the respondent. This was seen in the case of Musaib Altaf Mir vs Union Territory Of J&K & Anr (WP(Crl) No. 241/2021). The case was presided over by The Honourable Mr Justice Javed Iqbal Wani.
FACTS OF THE CASE:
This writ arose out of the detention order being passed against the detenue(petitioner) under the terms of provisions of the Jammu & Kashmir Public Safety Act, 1978. The detention order was challenged by the petitioner through the medium of the instant writ petition. The order is challenged on the grounds that the detenue had not been provided copies of relevant materials which have breached the constitutional and statutory rights of the detenue. a representation was been made by detenu through his mother, but the respondents have not replied the same, therefore, it can be gathered that the same has not been considered. If that being the position, it results into drawing an adverse inference against the respondents as the failure of the respondents to consider the representation submitted by the detenu indisputably amounts to WP (Crl) No.241/2021 violation of the provisions of Article 22(5) of the Constitution.
JUDGEMENT:
The court found that the judgement referred to and relied upon the counsel for the respondents are not applicable to the facts and circumstances of the case being misplaced and misdirected and do not lead to any support thereof to the case of the respondent. Court held that whatever have been observed, analyzed and considered in the preceding petition was allowed and consequent to which the detention order was quashed.
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JUDGEMENT REVIEWED BY KRITI GUPTA