AB AZIZ Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a writ in the nature of habeas corpus for quashing the detention order No: 25/PA/PSA/82 dated 30 -12 -1982 passed by the District Magistrate Jammu  ((THELAW))n the grounds that the order was illegal, unconstitutional and void.

(2.) THE petitioner claims to be a permanent resident of the State of Jammu and Kashmir and a citizen of India. The petitioner was detained by an order of the District Magistrate, Jammu referred to above under Section 8 of the Jammu and Kashmir Public Safety Act of 1978 for a period of 12 months. It is alleged that at the time the impugned order of detention was passed the petitioner was in the Central Jail, Jammu undergoing trial for an offence U/S. 3 of the Enemy Agents Ordinance. The Special Judge was trying him, who acquitted the petitioner and dismissed the challan under the Enemy Agents Ordinance.

(3.) THE grounds of detention were served  «n the petitioner on 3 -1 -1983 in the Central Jail, Jammu. The petitioner has sought the relief on several grounds amongst them the following are mentioned: -