MOHAMMAD YASIN AHANGER Vs. STATE

JUDGEMENT

(1.) Accusing him to be an active, dedicated and staunch member of ISL, a sister organisation of the banned organisation People's League having its headquarters in Pak-occupied Kashmir, the petitioner was directed to be detained vide the order of detention dated 11-9-1990 signed by the Addl. Home Secretary to Government. The grounds of detention as served upon the petitioner are :

(2.) The order of detention has been challenged mainly on the ground that the authority issuing the order had no jurisdiction to pass such an order under the J. and K. Public Safety Act. The grounds of detention were vague and that the petitioner who is a citizen of India has wrongly been dubbed as cessionist and anti-national.

(3.) In the counter-affidavit filed on behalf of the respondents it is submitted that the petitioner was detained vide the order impugned and lodged in District Jail, Udhampur, after satisfaction of the detaining authority. The grounds of detention are alleged to have been served upon the petitioner in the language he understood and that the order of detention was passed by an authority competent to pass the same. It is, however, submitted that in the interests of security of the State the specific grounds of detention of facts constituting these grounds were withheld in terms of Section 13(2) of the Act.