RATTAN LAL Vs. STATE

JUDGEMENT

(1.) THE petitioner, brother of detenu Vijay Kumar, has filed this petition seeking quashing of the order of detention and release of the detenu from custody. The detenu, Vijay Kumar, was detained by order of District Magistrate, Jammu, vide his No. 123-A/psa dated 11-7-81 as in the opinion of the. District Magistrate, the activities of the said detenu were prejudicial to the security of the State. The grounds of detention which were served on the detenu read as under:

(2.) MR. P. L. Handoo learned Counsel for the detenu, has, firstly, argued that the activities alleged against the detenu do not come within the ambit and scope of Section 8 (3) (a) of the Jammu and Kashmir Public Safety Act, 1978. It is urged that the activities alleged agaainst the detenu could not, by any stretch of imagination, be construed to endanger the Government established by law in the State.

(3.) THE next submission of Utr. Handoo is based on Section 16 of the Public Safety Act. It is argued that since the detenu had not been communicated the date when the Advisory Board was to be constituted for consi-deration of the case of the detenu. he was: not in a position to make any application to the Advisory Board to grant him personal hearing and, there* fore, that right of hearing which is provided by Section 16 of the Act. was rendered illusory.