KHARATI LAL Vs. STATE

JUDGEMENT

(1.) THIS petition raises an important question of interpretation of section 8 (3) (a) of the Jammu and Kashmir Public Safety Act, 1978, hereinafter the Act, which reads as under: -

(2.) IT is common ground that the petitioner has been detained with a view to preventing him from acting in any manner prejudicial to the security of the State. The different acts attributed to him which, in the opinion of the detaining authority, are prejudicial to the security of the State have been enumerated as follows: -

(3.) MR . Gupta, appearing for the petitioner has argued that even if the various allegations made against him are taken to be true they still fail to bring the petitioners case within the definition of "acting in any manner prejudicial to the security of the State" as given in Section 8 (3) (a). In other words the contention is that the acts imputed to the petitioner are not such as would provide a nexus between the order of detention and the grounds of detention. The question which, therefore, falls for determination is: whether or not these activities would tantamount to either making preparations for using or attempting to use force or would otherwise tend to instigate, incite or provoke or abet use of force by Pakistan with a view to overthrowing or over -awing the Government established by law in the State of Jammu & Kashmir ? If the answer to this question is in the affirmative then surely a nexus would be provided between the object of detention and the grounds of detention of the petitioner, as it would become necessary to detain him with a view to preventing him from acting in any manner prejudicial to the security of the State.