KARAM CHAND Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner, Karam Chand son of Khushi Ram in these proceedings for a Writ in the nature of habeas corpus complains that he was arrested on 9/02/1968 without any warrant and has since then been kept in illegal custody. The grounds of detention have also not. been communicated to him.

(2.) According to the return, Shri Bharat Bhushan, I. A. S. , Divisional Commissioner, Jammu, had on 16/02/1968, made the following order under Section 3 (2) , read with Section 5 of Jammu and Kashmir Preventive Detention Act 13 of 1964 for the petitioner's detention :

(3.) It was contended on behalf of the petitioner that non-isclosure of the grounds of his detention to the petitioner is violative of Article 22 (5) of the Constitution with the result that his detention must be struck down as illegal. This submission is misconceived. Article 35 (t) of the Constitution is a complete answer to this challenge. It provides :