LI Network
Published on: November 14, 2023 at 11:28 IST
The Jammu and Kashmir and Ladakh High Court has underlined the significance of comprehensive Daily Diary Reports (DDRs) in cases of preventive detention.
The court’s ruling came as it quashed a detention order under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
The court stressed the necessity of detailed and substantial grounds in Daily Diary Reports (DDRs) to uphold the legitimacy of preventive detention orders.
Justice Rajnesh Oswal, allowing a habeas corpus plea, asserted that the absence of essential details in such documents renders them insufficient to justify a preventive detention order.
The detenue, represented by Counsel Rajnesh Singh Parihar, argued that the detention order lacked access to materials relied upon by the authorities and that the grounds were vague, failing to disclose any activity threatening public health and welfare.
Respondents defended the detention order, citing three FIRs related to drug trafficking and two entries in the Police Station’s Daily Diary in Udhampur, asserting meticulous adherence to procedural safeguards.
Justice Oswal scrutinized the detention record and highlighted a significant time gap of one year and three months between the petitioner’s last alleged illegal activity and the issuance of the detention order, citing precedent to question the live link between activities and the purpose of detention.
The court emphasized that the DDRs lacked necessary details regarding the petitioner’s specific activities justifying the detention order, deeming them vague and inadequate.
Quoting a previous case, the court reinforced its position that vague and detail-lacking DDRs could not be relied upon by the detaining authority while issuing a detention order.
Due to the observed deficiencies in the detention order, Justice Oswal declared it unsustainable and subsequently quashed it. The petitioner was ordered to be released forthwith unless required in any other case.
Case Title: Kewal Krishan Vs Financial Commissioner ACS Home Department and ors.
