KASHMIRA SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) BY this petition, the petitioner challenges his detention under the provisions of Sections 8 and 17 of the Jammu and Kashmir Public Safety Act, 1978 (herein -after called the Act) under Order No. 53/PSA. dated 5 10 1984 issued by District Magistrate, Jammu whereby the petitioner is detained. After serving him the grounds of detention, the order stands confirmed by the State Government on 15 -10 -1984. The petitioner was given an opportunity to make the representation to the State Government, no representation was made by him. His case was, therefore, placed before the Advisory Board where in he was heard after following the procedure prescribed by the Advisory Board, the State Government vide order passed on December 3, 1984 confirmed the detention of the petitioner under Section 17 of the Act for a period of twelve months from the date of detention. The facts are not much in dispute.

(2.) THE grounds on which the petitioner was taken under detention on his subjective satisfaction by the District Magistrate are enumerated as under: - "OFFICE OF THE DISTRICT MAGISTRATE JAMMU GROUNDS OF DETENTION IN RESPECT OF KASHMIRA SINGH "ND JAGGI SON OF GURPAL SINGH CAVTE JAT SIKH RESIDENT OF DERGWAR TEHSJL BATALA DISTT. GURDASPUR (PUNJAB - DETAINED UNDER PSA That on 14.8.1984, you along with Des Raj Sarian Singh went across the border near Bidhipurjattan and were introduced to Pak F1U and their agents namely Abad Ali, Yaseen and Abdul Gani. You were taken to Sailkot and introduced to Major Khan of Pak FIU You being an Ex -Hav of BSF and remained posted on R.S. pura border gave the details of the defence measure taken by own army and their logistic position to Pak FIU. You also promised to feed them the details of the defence strategy evolved by own army In return the Pak FJU authorities gave you clearance for smuggling of narcotics from Pakistan through their Agent -; namely, Abad Ali Abdul Gani, and Mohd. Yaseen. You were also given the task for providing shelter and cover to their agents while on their espionage mission in R.S. Pura, Jammu and Delhi You agreed to provide them the same. That on 5.8.1984, you along with Des Raj escorted three pak agents namely Abad Ali, Abdul Gars and Yaseen and gave them shelter in R.S Pura and Nanak Nagar .Jammu In Nanak Nagar you have taken accommodation on rent for prejudicial activities. That on 13.8 1984. you escorted Abad Ali, Mohd Yaseeu Pak agents to Delhi and lodged them in different Hotels Those Pak agents were on an espionage mission to own side and you provided them shelter w.e.f. 38.1984 to 17.81984 In .view of your services you were allowed to share the profit of large quantity of Charas and B -2 power disposed of" by you in Delhi. That on 22.8.1984 you again provided them shelter in Jammu and Delhi. That on 268.1984, you escorted Abab Ali and Gaffar both Pak agents upto Delhi while as Gaffar got down in Punjab enroute. You along with Abad Ali were arrested by the police in a Hotel at Delhi. Your above Activities have remained higly prejudicial to the State, therefore, with a view of Preventing you in indulging in such activities which are prejudicial so the security of the Stale you have beers detained under PSA for a period of 12 months and lodged in Central jail, Jammu. Sd/ -District Magistrate Jammu.

(3.) IN reply the respondents contested the petition and filed the counter affidavits consisting of Rajinder Singh, Additional Secretary to Government, Home Department, Jammu. Anant Ram, Asstt. Supdt Central Jail, Jammu and of B. S. Jamwal District Magistrate, Jammu. It has been submitted in the counter affidavits the; on the basis of the. material placed before the District Magistrate and after following the procedure prescribed to give an opportunity of representation to the Government and advise of the Advisoy Board, the petitioner has been detained in accordance with law, thus no Habeas Corpus petition lies against the detention. The learned District Magistrate categorically stated in his affidavit that on the consideration of the material placed before Him after his subjective satisfaction on the grounds of detention, he round that the activities of the petitioner being prejudicial to the security of the State, he has been rightly detained. To the same effect about the follow up of the matter and the service of the grounds on the petitioner are the affidavits of the other two officers, of which no rejoinder is filed by the petitioner