Kanoon Ki Dastak
J&K High Court: Detaining Authority Not Bound to Disclose Sensitive Facts Against Public Interest
Jammu, April 7 — The High Court of Jammu & Kashmir and Ladakh has observed that a detaining authority is not obligated to furnish all material facts to a detenue if the disclosure is deemed prejudicial to public interest.
The judgment came in response to a petition filed by petitioner challenging his preventive detention under the Jammu & Kashmir Public Safety Act. The petitioner argued that he had not been provided with the complete dossier, specifically an annexure containing an intelligence report.
Dismissing the plea, Justice Sanjay Dhar observed that “the detaining authority is not required to disclose those facts to a detenue, disclosure whereof it considers to be against the public interest.” The court noted that the intelligence report was confidential in nature and that its disclosure could compromise public safety.
Referring to precedent, including the Supreme Court’s ruling in Wasi-ud-din Ahmed vs. D.M. Aligarh, and Section 13(2) of the J&K Public Safety Act, the Court upheld the state’s discretion in withholding sensitive information from a detenue.
The court also rejected the argument that the grounds of detention were a mere reproduction of the police dossier, holding that the Detaining Authority had exercised due diligence and applied its mind before ordering detention.
The petition was accordingly dismissed.