MOHD SUBHAN Vs. STATE

JUDGEMENT

(1.) THESE are ten applications filed by Haji Mohd. Subhan Batt, Ghulam Mohd. Chicken, Mohd. Sikandar Batt, Mohd. Abdulla Lone, Ghulam Mohd. Batt, Ghulam Din Gani Habib Ullah Zargar, Pir Mohd, Maqbul Gilani, Abdul Aziz Nakash, Kh. Habib Wadera under S. 491, Criminal P. C., through their counsel praying that their detention being illegal they be released.

(2.) IT appears that these detenus were arrested on the night intervening 26th and 27th May 1955 under S. 3, Jammu & Kashmir Preventive Detention Act, 2011, by order of the Government Nos. 747 -C, 741 -C, 737 -C, 748 -C, 743 -C, 752 -C, 751 -C, 750 -C, 745 -C and 742 -C of 1955 dated 26 -5 -1955. All these orders are in the same language and one of these is reproduced as under; "ORDER: Whereas the Government are satisfied with respect to Haji Mohammad Subhan son of Kh. Ahmed Bhat resident of Buchwara, Srinagar that with a view to preventing him from acting in a manner prejudicial to the security of the State it is necessary to make an order directing that the said Haji Mohammad Subhan be detained; Now, therefore, in exercise of the powers conferred by sub -s. 1 of S. 3, Jammu and Kashmir Preventive Detention Act, 2011, the Government are pleased to order that the said Haji Mohammad Subhan be detained in Central Jail, Jammu. Notice of this order shall be given to the said Haji Mohammad Subhan by reading over the same to him. By order of Government. Sd/ - Ghulam Ahmed Chief Secretary to Government.  These applications came up for hearing before a Single Bench of this Court. Several important constitutional questions were raised by the petitioners counsel in these applications and therefore these applications were referred to the Full Bench for an authoritative pronouncement on the constitutional questions involved and for disposal of these applications.

(3.) AN application was received from the Solicitor -General of India for permission to appear on behalf of the Union of India. Permission to appear was granted and these applications came up for hearing on Monday, the 11th July 1955.