SOHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 491 Criminal P. C. by one Sohan Singh, challenging his detention under Section 3 (2) of the Jammu and Kashmir Preventive Detention Act, 1964 (Act No : XIII of 1964) hereinafter referred to as the Act.

(2.) I have heard the petitioner who was sent for in compliance with his request and Mr, Vinod Kumar Gupta, who was appointed as amicus curiae to argue the case on his behalf.

(3.) MR. Gupta has urged that after the expiry of five years from the date of the coming into force of the Jammu and Kashmir Constitution (Application to Jammu and Kashmir) order, 1954, Article 22 of Constitution of India applied with full force to the State and the orders issued from time to time by the President amending the said order which abridged the fundamental rights of the citizens of Jammu and Kashmir under Article 22. were void. Mr. Gupta has further urged that Sub-section (1) of Section 8 of the Act confers a valuable right on a person of being afforded an opportunity of making a representation to the government against the order pursuant to which he is detained and the proviso to the aforesaid Sub-Section cannot be interpreted in a manner so as to take away that valuable right whatever may be the reason for his detention. He has lastly urged that under-sub-section (3) of Section 3 of the Act as amended by Act No. VIII of 1967, the Government had to accord its approval to the order of detention passed by the District Magistrate within 24 days of the making thereof and since the Government accorded its approval on September 29, 1970, the detention could not be up-held.