MOHD FAZAL Vs. STATE OF J&K

JUDGEMENT

(1.) IN this petition for habeas corpus it has been alleged that the petitioner was a permanent resident of village Chajjala District Poonch in the Jammu and Kashmir State and thus the petitioner was entitled to all fundamental rights laid down in the Constitution of India, It has been alleged that the petitioner was detained and lodged in the Central Jail, Jammu, under the Public Safety Act, 1978, by virtue of an order dated 30.12 1982 issued by the District Magistrate, Jammu. It has been claimed by the petitioner that the grounds of detention were all false and concocted by the police concerned on the instigation of some influential person. The petitioner has denied that he was working as an enemy agent and has submitted he may be released.

(2.) I have heard both the learned counsel for the parties with regard to this petition.

(3.) MR . G. R. Asgar, Amicus Curie has referred me to a judgment reported in A I.R. 1982 S.C. 1500 and has read extensively from the judgment. He has, in particular, referred to Para 10 of this judgment. The relevant portion of which is quoted as below: -