JASWANT SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has been detained under section 8(1) of the Jammu and Kashmir Public Safety Act 1978 (hereinafter called the Act), pursuant to an order of the District Magistrate Jammu dated 17 -8 -1981, passed by him with a view to prevent the petitioner from acting in any manner prejudicial to the security of the State. The grounds of detention which were served upon the petitioner read as follows:

(2.) MR . B. B. Singh, learned counsel for the petitioner has questioned the detention of the petitioner on the ground that para No. 1 of grounds of detention is irrelevant as it has no co -relation with S. 8 of the Act. It is maintained that the allegations contained in para 1 of the grounds of detention deal with some alleged smuggling activities of the detenue and that since such activities do not fall within the ambit and scope of S. 8 of the Act the detention of the petitioner is illegal. Apart from this learned counsel has not questioned the detention on any other ground.

(3.) ACCORDING to Mr. S. D. Sharma, Learned Addl. Advocate General on the other hand para (1) of the grounds of detention is only in the nature of the preamble and designed to furnish the background history. It is argued that the grounds of detention are contained in para 2 to 5 and each one of those grounds has definite co -relation and reference to S. 8 (1) of the Act.