In dealing with preventive detention orders, even minor lapses of Government officials cannot be tolerated, observed the high Court.
We express our concern over the lapses and lack of coordination on the part of the authorities in dealing with preventive detentions, the HC observed. Passing harsh comments against the Government, the Court set aside the detention order of a Chavakkad native. His wife Shajitha Suneer approached the Court praying to nullify the detention due to lapses committed by the police and detaining authority, District Collector, acting under the Anti Social Activities (prevention) Act 2007.
The HC observed that when the order was passed non application of mind was writ large on the face of the authorities. Had the detaining authority got all the documents? Had the detenue got all copies of documents?
All the vital aspects have not been considered by the authorities, the Court pointed out. Apart from that even seemingly minor omissions cannot be tolerated.
The Court further said that officials dealing with such matters under the Act are to be properly informed of the legal requirements and trained in the matter on an emergency basis. The Court found that the detaining order has been vitiated by the officials due to non-application of mind.
The most important protective measures against deprivation of personal liberty extended to a detenue is application of mind by the detaining authority before arriving at the subjective satisfaction. This protective measure being a substantial right cannot be permitted to be watered down, the Court warned.