ABDUL GHANI GONI Vs. STATE

JUDGEMENT

(1.) THIS is an application filed Under Section 491, Criminal P. C. by Mr. Abdul Ghani Goni, a member of the Constituent Assembly of Jammu and Kashmir, who was detained Under Section 3 of the Preventive Detention Act by the Additional District Magistrate, Srinagar, praying that his detention being Illegal and improper he may be set at liberty. This application came up for hearing before a single Bench of this Court and as some { important law points were involved it was referred to a larger Bench for disposal. This application has been heard by the Full Bench and Mr. R. N. Bhalgotra is appearing on behalf of the detenu.

(2.) IT is contended on behalf of the petitioner that the detenu belonged to District Doda and was specially invited to Srinagar to attend Advisory Standing Committee's meeting. While he was about to leave for Jammu on 5-8-1954 and had reserved his seat in the bus he was arrested on 6-8-1954, and was detained in the Central Jail, Srinagar. The grounds which were served on him were absolutely vague and and therefore his detention was illegal and mala fide.

(3.) WE have been taken through the grounds which have been served on the detenu and these are as follows: