PUNUM RAM Vs. STATE OF J AND K

JUDGEMENT

(1.) THESE two petitions under Article 32 (2-A) of the Constitution of India as applied 'to the State for issue of waits in the nature of Habeas Corpus directing release of the petitioners from detention shall be disposed of by tliis [judgment as they raise common questions of law and facts. In the petitions submitted by them through the Superintendent of Central Jail. Jammu. 'the petitioners have averred that they are law abiding citizens and never took part in any type of political movement or activity and never did any-thing detrimentel to the security of the State; that their detention is illegal and unlawful; that they were arrested on April 9, 1973. from their native villages without any warrant of arrest being served on them; that after a lapse of considerable time they were transferred to the Interrogation Centre Jammu on April 14,1973 that during all this period they were kept under very adverse conditions; that they were taken to the police station, Bishnah, on April 25. 1973 wherefrom they were transferred to the Central Jail. Jammu, on April 30. 1973; that their detention is in contravention of the provisions of Articles 21 and 22 (5) of the Constitution of India as they are being deprived of their personal liberty without following the procedure established by law and the grounds on which the orders of their detention were passed have not been communicated to them and that their detention is also illegal as they are being subjected to a penalty for the alleged commission of an offence which has no substance.

(2.) IN response to the notice issued to the State it has filed in each of the petitions an affidavit sworn by Shri Parmanand IAS. District Magistrate. Jammu. wherein he has stated that on being satisfied that with a view to preventing them from acting in any manner prejudicial to the security of the State, it was necessary so to do. orders directing the detention of the petitioners under the provisions of the Maintenance of Internal Security Act, 1971. (hereinafter referred to as the "act") were issued on April 27, 1973, that it was in compliance with the said orders that the petitioners were arrested by the Station House Officer. Police Station. Bishnah. from their villages on April 29;. 1973 that at the time of their arrest the contents of their respective orders of detention were read over and explained to the petitioners in Diogri language which they fully understood: that in token there of the thumb impression of Puraum Ram and the signatures of Vakil Singh, petitioners. were taken on the reverse of their respective orders and they were lodged in the Central Jail, Jammu; that the aforesaid orders of detention together with the grounds 'thereof and other particulars which had bearing on 'the matter were duly reported to the Government of Jammu and1 Kashmir who after considering the same approved the detention of the petitioners by means of orders passed by it on May 2,1973; that he had by his orders dated April 27. 1973 directed the Superintendent of the Central Jail. Jammu to serve on the petitioners the grounds of their detention and' to inform them that they were entitled to make a representation against the orders of their detention; that despite the due communication to them of the grounds of their detention and the information in Dogri language (which they understood) that they were entitled to make a representation against the orders of their detention, 'the petitioners did not make any representation to the Government of Jammu and Kashmir; that on May 17, 1973 the Government placed before the Advisory Board constituted; under Section 9 of the Act the oases of the petitioners along with the grounds of their detention and the reports made by him under Section 3 (3) of the Act and that on the Advisory Board's reporting to the Government that there was in its opinion sufficient Punum Ram and Anr. vs. State of J. and K. and Ors. (08. 01. 1974 -JKHC) Page 3 of 9 (08. 01. 1974 -JKHC) Page 3 of 9 cause for 'their detention the Government of Jammu and Kashmir acting on the report confirmed the orders of detention of the petitioners on June 5, 1973. for a period of two years from the date of their detention.

(3.) APPEARING as Amicus Curiae Mr. G. L. Gupta, has, besides reiterating the contentions raised in the petitions urged that the Act is ultra vires the provisions of the Constitution of India as applied to the State of Jammu and Kashmir and has not been validly extended to the State, -that the detention is illegal as no report contemplated by Section 3 (4) of the Act was made by the State Goyernment to the 'central Government, and the Advisory Board omitted to follow the provisions of Section 11 (i) of the Act in as much as it confined itself to the material placed before it and did not send for further information.