SAIFUDDIN SOOD Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioners in these three writ petitions asked for orders in the nature of habeas corpus.

(2.) The petitioner Saifuddin alleges that he was arrested by the police on 4 October, 1970 without any order of arrest or detention. He also alleges that he was not given any cause of arrest or detention at the time of his arrest or therefore. He therefore, challenges that his arrest under the Jammu and Kashmir Preventive Detention Act, 1964 (hereinafier referred to as the Act) is illegal.

(3.) The answer is filed by A. R. Khajuria, Deputy Secretary to the Government of Jammu and Kashmir. It is stated there that the petitioner was detained by the orders of the Secretary to the Government dated 20 June, 1969. He was detained under Section 3 (1) (a) (i) read with Section 5 of the Act. The orders specifically stated that the Government was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the security of the State, it was necessary to detain him. The order was served on the petitioner on 20 June, 1969 by reading over the same and explaining to him in Urdu language. The Government on 28 June, 1969 passed an order pursuant to Section 8 read with Section 13-A of the Act that it was against the public interest to disclose the facts or to communicate to the petitioner the grounds on which his detention order was made. The petitioner was informed of the order.