If there’s a delay in carrying out a detention order without a clear explanation, the Jammu and Kashmir High Court suggests it casts doubt on whether the detaining authority was genuinely satisfied

Case: OWAIS SYED KHAN Vs UT OF J&K & ORS.

Coram: Justice Sanjay Dhar

Case No.: WP(Crl.) No.124/2023

Court Observation: “When there is an unsatisfactory and unexplained delay in executing the order of detention, such delay would throw considerable doubt on the genuineness of the subjective satisfaction recorded by the detaining authority. This would lead to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detinue”.

“Resort to preventive detention has to be taken only in cases where there is an urgent need to detain a person so as to prevent him from indulging in activities which are prejudicial to the maintenance of public order or security of the State”.

“When there is an unsatisfactory and unexplained delay in executing the detention order, it throws considerable doubt on the genuineness of the authority’s subjective satisfaction.

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Keywords

If there’s a delay in carrying out a detention order