Observing that the more extraordinary the power, the greater the obligation to ensure its use remains within the bounds of the law, the Jammu and Kashmir and Ladakh High Court recently ordered the Srinagar deputy commissioner (DC) to appear before it and explain a “recklessly and mechanically” passed detention order.

Justice Wasim Sadiq Nargal was hearing a habeas corpus plea filed by a man who had been sent to preventive detention because of alleged association with terrorist elements and involvement in activities that threatened the security of the state. A habeas corpus petition requires a person under arrest or in detention to be brought before a judge so the court can decide if the detention is legal.

“Preventive detention is an extraordinary measure which authorises the deprivation of personal liberty without a regular criminal trial. The exercise of such power, therefore, demands the highest degree of constitutional responsibility and procedural diligence.…