GURDEEP SINGH Vs. DISTRICT MAGISTRATE, JAMMU

JUDGEMENT

(1.) THE petitioner, Gurdeep Singh alias Babbi, has been detained u/s 81 of the Jammu and Kashmir Public Safety Act, 1978 hereinafter the Act, pursuant to the order of District Magistrate, Jammu, dated 17 -10 -1981, passed by him with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of Public order. The grounds of detention which were served upon him on 10 -10 -1981 read as under:

(2.) HE has challenged his detention on the grounds: firstly, that the acts imputed to him, even, if true, would not tantamount to disturbing public order, and secondly, that these acts being subject matter of three F. I. Rs. his order of detention was passed by the District Magistrate mechanically without applying his mind to the question whether he should be but on regular trial for these offence or merely kept in preventive detention.

(3.) PUBLIC order has been defined by Sec -83 of the Act, clause b