BAGH HUSSAIN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) By our order, dated 19/12/1969, we have dismissed this petition. We are recording the reasons for the order dismissing the petition.

(2.) By an undated letter addressed by the petitioner, Bagh Hussain, to this court, the petitioner claimed that he was illegally detained in thecentral Jail, Jammu for more than six months and that an order for his release may be made. The letter was treated as a petition for a writ of habeas corpus, and rule nisi was issued to the State of Jammu and Kashmir to show cause why the petitioner should not be released.

(3.) Shri P. N. Bakaya, Additional secretary to government of Jammu and Kashmir, has filed an affidavit. In the affidavit it is submitted that the District Magistrate, Rajouri ordered under S. 3 (2) read with S. 5 of the Jammu and Kashmir Preventive Detention Act, 1964, with a view to preventing the petitioner, Bagh Hussain, from acting in a manner prejudicial to the security of the State, that the petitioner be detained, and that the petitioner was informed by an order, dated 23/07/1969, under S. 8 read with S. 13-A of the Jammu and Kashmir Preventive Detention Act, 1964, that it was against the public interest to disclose to him the grounds on which the order of detention was made. Shri Bakaya further affirmed that the detention order issued by the District Magistrate was approved by the government of Jammu and Kashmir after the case was placed before the Chief Minister "incharge, Home Department" and *n order, dated 11/08/1969, approving of the detention was made.