DINA NATH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 491, Criminal Procedure Code submitted by one Dina Nath who is this time detained in the Central Jail Srinagar in pursuance of an order of detention passed by the District Magistrate Udhampur on 15th Sawan 2009.

(2.) THE main ground on which the learned counsel appearing on behalf of the detenu has based his prayer is that the order of detention is mala fide and without jurisdiction. In his application the detenu has stated that his detention is the result of some reasons other than those mentioned in the order of detention. In particular he says that he had already undergone a term of detention pursuant to an order of the District Magistrate Udhampur and was released therefrom on 13th Sawan 2009. On 15th Sawan 2009 he appeared in a case as an accused before the same District Magistrate where the detenu put in an application for the stay of proceedings on account of some adverse remarks made by the District Magistrate against a witness of the detenu who appeared in his (detenu's) defence. The application proceeds that no sooner was the application for stay submitted than the District Magistrate Udhampur who perhaps did not look with favour on the said application, passed the present order of detention.

(3.) IN this case the detenu was ordered to be detained under Sub-Rule (1) of Rule 24 of the Jammu and Kashmir Defence Rules. This the District Magistrate could certainly do. Under Sub-Rule 5 (b) of Rule 24