LAWS(J&K)-1975-1-3

TARSEEM LAL Vs. DISTRICT MAGISTRATE

Decided On January 10, 1975
TARSEEM LAL Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) THE petitioner who has been detained by the District Magistrate, Jammu, by his order No. 12 of 1974 dated 24-7-1974 under Section 3 (2) read with Section 5 of the Maintenance of Internal Security Act, 1971, has by this petition under Section 103 of the Constitution of Jammu and Kashmir sought a writ of Habeas Corpus directing his release from detention.

(2.) PRECISELY stated the facts which led to the filing of this petition are as follows ;-

(3.) THE petitioner made a representation to the Government of Jammu and Kasrmir against his detention consistently with the provisions of Section 8 of the aforesaid Act. The Advisory Board, constituted under Section 9 of the Act considered the report of the Government and the representation made by the petitioner, and reported to the Government on 31-8-1974 that there were sufficient grounds for detention of the detenu. After considering the report of the Advisory Board the Government of Jammu and Kashmir confirmed the detention of the petitioner for a period of 12 months from the date of detention or until the expiry of the Defence of India Act, 1971, whichever is later by Government Order No. IAS-170 of 1974 dated 2-9-1974. The facts stated above have been sworn by the District Magistrate the detaining authority. The same have not been seriously disputed by the counsel for the petitioner in the course of the hearing. I take these facts as true as I have no reason to disbelieve the same.