KASHYAP BANDHU Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THIS is an application by Shree Kasyap Bandhu under Article 32 (2a) of the Constitution of India and Section 103 of the Constitution of Jammu and Kashmir for the issue of a writ in the nature of habeas corpus and for the immediate release of the petitioner, who is alleged to have been kept in illegal detention in Central Jail Srinagar.

(2.) ORDER 29-4-1958 the petitioner was arrested under an order made by the Government in exercise of the powers conferred by Section 3 (1) (a) (i) of the Jammu and Kashmir Preventive Detention Act, 2011. A copy of the said order was served on the petitioner at the time of his arrest, as appears from the endorsement made on the order by Mr, J. N. Hashia, Superintendent of Police.

(3.) THE petitioner in his affidavit has alleged that at the time of his arrest no warrant, order of detention or arrest was delivered to him. He has alleged that the detention order is illegal inasmuch as it was not passed by an authorised person and his detention was not strictly in accordance with law. Lastly it has been averred in the affidavit that the detention of the petitioner was vindictive mala fide and illegal. In his affidavit the petitioner has attributed his detention to the political differences which obtained between him and the Prime Minister of the State. According to the petitioner, as alleged in the petition, he was trying to bring about good relations between Sheikh Mohd Abdulla and the Prime Minister of India and was showing to responsible persons in India that those who are at the helm of affairs in Jammu and Kashmir were in fact putting hurdles in the task of forging greater unity and emotional affinity between the people of the State and the rest of India which according to him did not meet the approval of the present Prime Minister of the State and therefore he was detained,