SADAR DIN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THIS is a petition seeking a writ of Habeas Corpus for the release of the petitioner from the Special Jail, Jammu.

(2.) THE petitioner was arrested' on 27-6-1972 pursuant to an order of detention dated 26-6-1972 passed by the District Magistrate, Poonch, under Section 3 of the Maintenance of Internal Security Act, 1971 (Central Act No. XXVI of 1971 ). The grounds of detention were furnished to the petitioner on 8-7-1972. The State Government approved the detention of the petitioner by an order dated 27-7-1972. A reference under Section 10 of the aforesaid Act was made on 30-41973 by the Government to the Advisory Board constituted under the Act. The Advisory Board recommended that the petitioner be detained for a period of two years. The detention of the petitioner for the aforesaid period was ultimately confirmed by the Government vide order dated 5-6-1973 consistently with the recommendation of the Advisory Board. The aforementioned dates are not disputed and in fact have been mentioned in the reply affidavit filed by the respondent the detaining authority.

(3.) MR. Sethi appearing on behalf of the petitioner, has raised a number of points in support of the challenge to the validity of the detention. As one of the points raised by Mr. Sethi alone is sufficient for the success of the petition we consider it unnecessary to examine the rest of the contentions.