BARKAT ALI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution complaining that the petitioner is under illegal detention. We directed issue of rule nisi and the State Government has filed an affidavit through the Deputy Secretary to the Home Department Jammu and Kashmir Government.

(2.) It appears that the Government, vice its order No. ISD 530 of 1970 dated June 25, 1970, ordered that the petitioner be detained under Section 3 (1) (b) of the Jammu and Kashmir Preventive Detention Act, 1964. Section 3 (1) (b) enables the Government to make orders to detain a person "if satisfied with respect to any person who is a foreigner within the meaning of the Foreigners Act, 1946, that with a view to regulating his continued presence in the State or with a view to making arrangements for his expulsion from the State, it is necessary so to do."

(3.) It is stated in the affidavit of the respondent that "the petitioner was recruited as an agent by the Pakistan Intelligence, paid several visits to the State and had planted explosives under some bridges on the National Highway with the intention to disrupt communications. He was apprehended on 29/30th November, 1959 within the State when he had come to one of his missions. During the course of investigation some more explosives had been recovered on his information. The case was registered in P/S Saddar Jammu for contravening the provisions of Indian Passport Act, the Entry Agents Ordinance, the Explosives Substances Act and Sections 224 and 332 of the R. P. C. The case was tried by the Special Judge who sentenced him to undergo eleven years rigorous imprisonment."