KARIM BUX Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THESE are three applications under Section 491 of the Code of Criminal Procedure and Section 104 of the State Constitution for issue of writs in the nature of Habeas Corpus directing the release from detention of the petitioners and shall be disposed of by this judgment as they raise common question.

(2.) THE facts relevant for the purpose of these applications are:- In petition No. 3 of 1968, the District Magistrate Jammu by his order dated 14-3-1967 passed under Rule 30 (1) (b) of the Defence of India Rules read with Jammu and Kashmir Government Notification No. SRO-149 dated 23-4-1965 directed the detention of the petitioner in the Central Jail, Jammu with a view to preventing him from acting in any manner prejudicial to the defence of India, the public safety and the maintenance of public order. The petitioner continued to be detained under the Defence of India Rules as stated above, but on 3-1-1968, in view of the termination of the proclamation of emergency the State Government revoked the order of detention of the petitioner under the Defence of India Rules and passed a fresh order of detention of the petitioner under Section 3 (1) of the Preventive Detention Act, 1964, with a view to preventing him from acting in any manner prejudicial to the security of the State and the maintenance of public order. The grounds of the fresh order of detention were communicated to the petitioner on 12-1-1968 and he was afforded an opportunity of making a representation against the order to the Government. The petitioner thereupon, submitted his objections to the Government on 2-2-1968. The case of the petitioner was, thereafter referred under Section 10 of the Jammu and Kashmir Preventive Detention Act, 1964 to the Advisory Board constituted under Section 9 of the said Act and the Board having reported that there was in its opinion sufficient cause for the detention of the petitioner, the Government acting under Section 12 (1) of the said Act passed order No. ISD 594 of 1968 dated 26-6-1968 confirming the order of detention of the petitioner and further directing the continuance of his detention upto 30th April, 1969. As a result of this order, the petitioner, has continued to be detained under the Preventive Detention Act.

(3.) IN petition No. 4 by order No. DIR DM/21/66 passed by the District Magistrate Srinagar on 17-2-1966, under Rule 30 of the Defence of India Rules, the petitioner Abdul Sattar Khanday was detained with a view to preventing him from acting in a manner prejudicial to the Defence of India, civil defence, the public safety and the maintenance of public order and peaceful conditions in the State of Jammu and Kashmir. The termination of proclamation of emergency being in view, the State Government revoked the aforesaid detention Order dated 12-7-1966 after considering the materials appearing against the petitioner and being satisfied that with a view to preventing him from acting in any manner prejudicial to the security of the State and the maintenance of public Order, it was necessary to detain him, passed a fresh order directing his detention under Section 3 (1) of the Jammu and Kashmir Preventive Detention Act of 1964. This order was passed on 5-1-1968 and was served on the petitioner on 6-1-1968, After communicating the grounds of the fresh order of detention to the petitioner on 14-1-1968 and affording him an opportunity of making a representation against the order of detention, the Government referred the case of the Petitioner to the Advisory Board on 20th Feb. 1968 as required by Section 10 of the Preventive Detention Act. The Advisory Board after consideration of the case communicated its opinion to the Government on 3-6-1968 and pursuant to the recommandation of the Board, the Government confirmed the order of detention passed against the petitioner and directed the continuance of his detention upto 30th April, 1968.