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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Tawseef Ahmad Rather S/o Gh. Rasool Rather – Appellant
Versus
Union Territory of Jammu and Kashmir, through Principal Secretary – Respondent
JUDGMENT :
RAHUL BHARTI,
01. Heard learned counsel for both sides.
02. Perused the writ record and the documents therewith.
03. The petitioner came up with the present writ petition filed on thereby challenging his preventive detention custody effected upon him by virtue of Kashmir in purported exercise of power under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short “PIT NDPS Act, 1988”).
04. This Court, in terms of an order dated 21.05.2025, came to admit the writ petition for final hearing thereby inviting counter affidavit to the writ petition which remained unfiled leading to the closure of right to file counter affidavit in terms of an order dated 03.11.2025.
05. In view of the fact that the respondents have chosen not to contest the present writ petition of the petitioner, therefore, this Court is under no obligation to evaluate the legality and validity of the detention order so passed against the petitioner as when the respondents themselves are not coming forward in defending their action/decision which has left the petitioner deprivation of his personal liberty, then this Court is not supposed to act and bat for the respondents
Preventive detention requires timely and credible evidence; undue delay and failure to address representation render detention illegal.
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