Srinagar, August 14, KDC: The High Court of Jammu & Kashmir and Ladakh has given the District Magistrate, Pulwama, five days to file an affidavit explaining under which legal provision the abbreviation “HM” was used in a preventive detention dossier to deprive a citizen of personal liberty, cautioning that failure to clarify the source by August 18 will invite adverse adjudication.
A Bench of Justice Rahul Bharti, according to Kashmir Dot Com, passed the order while hearing a habeas corpus petition filed by Showkat Ahmad Dar through advocates Zamir Abdullah and Zahir Abdullah, challenging his preventive detention ordered by the District Magistrate, Pulwama.
During the hearing, when the Court sought a clarification on what the expression “HM” signifies in the grounds of detention, Government Advocate Jehangir Ahmad Dar submitted that he felt uncomfortable appearing before the Court when confronted with such queries.
Taking strong note of the response, Justice Rahul Bharti observed that the query concerning an abbreviation that deprived an individual of fundamental personal liberty ought to have caused discomfort to the detaining authority itself.
“A query raised by this Court as to wherefrom the expression ‘HM’ has been drawn by the District Magistrate, Pulwama, in detention order grounds which has resulted in depriving a person of his fundamental right to personal liberty, should have been a matter of discomfort for the District Magistrate, Pulwama himself and for that purpose, Mr. Jehangir Ahmad Dar, learned counsel for the respondents, ought to have referred the matter to the District Magistrate, Pulwama to seek clarification,” the Bench remarked.
The Court said that grounds of detention are meant to be comprehended by a detenu, whether literate or illiterate, to facilitate an effective constitutional representation against the deprivation of personal liberty.
“This Court directs the District Magistrate, Pulwama to come up with an affidavit as to from where and which Law/Act/Rules related to subject, abbreviation ‘HM’ has been drawn to be stated in the grounds of detention which are meant to be read by a detenu who can be literate as well as an illiterate for sake of understanding of each and every word used in grounds of detention for enabling an effective representation to be made against preventive detention ordered and imposed,” the Court directed.
Justice Rahul Bharti warned that the District Magistrate must positively submit the required affidavit by August 18, 2026, failing which an adverse adjudication shall follow at his own risk and cost.
The Registry was directed to furnish a copy of the order to the Government Advocate under the signature of the Bench Secretary for immediate compliance. (KDC)
