VED PARKASH Vs. STATE

JUDGEMENT

(1.) THIS Habeas Corpus petition filed under section 103 of the constitution of Jammu and Kashmir read with Article 226 of the constitution of India against the detention of the petitioner by order No. 39/1/PSAF 1984 dated March 8. 1984 passed by District Magistrate Jammu respondent No. 2 herein u/s 8 and section 13 of the J&K Public Safety Act, 1978. Heard learned counsel for the parties. Learned counsel for the petitioner contends that the grounds furnished to the petitioner along -with the order of detention are not called by the provisions of section 8 or section 13 of the J&K Public Safety Act (hereinafter referred to as the Act) His contentions are mainly summarised as follows: -

(2.) ON the basis of which petitioner claims that the detention order be quashed in addition to the above grounds at the time of arguments. Learned counsel for the petitioner further submitted that the material on the basis of which the district Magistrate passed the order of detention was not supplied to him and that the grounds on which the order is passed are at the most the questions of law and order and not the grounds, which forms part of the grounds, which may be termed as prejudical to the security of the State, He further submits that the same if all disclosed an offence under section 5/2 of Enemies agent Act Ordinance of the State of Jammu and Kashmir.

(3.) IN support of his contention as against the non -supply of material, learned counsel for the petitioner relies on an authority of the supreme court reported in AIR 1982 S. C. 1500 (Ibrahim Ahmed Batti V. State of Gujarat and others) and 1983KLJ 361 (Mohd Fazal Vs. State of J&K & ors) of this High court, in which the above refferred Supreme court decision is followed and also AIR 1983 S. C, 317 (Kailash Pandey Vs. State of U. P. and others).