HARNAM SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THIS is an application under Section 491 of the Code of Criminal Procedure for issue of a writ in the nature of habeas corpus.

(2.) FROM the affidavit filed on behalf of the State by Shri I. D. Gupta. I. A. S. , District Magistrate, Rajouri. it appears that in exercise of the powers conferred on him under Section 3 (2) of the Jammu and Kashmir Preventive Detention Act. 1964, he passed an order on March

(3.) MR. Bhalgotra appearing on behalf of the petitioner has submitted that since the order directing the detention of the petitioner and the order declaring that it was against the public interest to disclose to him the grounds on which his detention order was made were served on his client in English language which he did not understand the detention was rendered invalid. He has in support of his contention referred me to a judgment of the Supreme Court in Harikisan v. State of Maharashtra In this case the order of detention and the grounds thereof had been served on the detenu in English language which he did not understand and his request for translation of the grounds in a language which he understood was refused.