NAGARMAL Vs. STATE

JUDGEMENT

(1.) Petitioner has been detained under the orders of District Magistrate, Jammu dt. June 30, 1986 under S.8 of the J and K Public Safety Act, 1978 (for short Act hereafter). The grounds on which detention has been ordered have been enumerated in the grounds of detention as under :-

(2.) The petitioner has assailed the abovesaid order on various grounds. Learned counsel for the petitioner has argued that the District Magistrate passed the order of detention of the petitioner for a period of twelve months but the Government ordered his continued detention for a period of 24 months without assigning any reasons and on this ground the order of detention requires to be quashed. Learned Additional Advocate-General has, however, contended that the Government is fully authorised under the Act to order continued detention of a detenu for a period of 24 months and considering the activities of the petitioner prejudicial to the security of the State his continued detention for a period of 24 months was considered necessary.

(3.) The District Magistrate has not filed any counter in the case. Sh : Kesho Parkash Additional Secretary to Government, Home Department on behalf of the State has however, filed reply affidavit stating that the Government received copy of the order of the District Magistrate regarding detention of the petitioner for a period of 12 months and after considering the same it approved the same. The Government then placed the grounds of detention of the petitioner before the Advisory Board which expressed opinion that the detaining authority had sufficient cause to direct continued detention of the detenu with a view to prevent him from acting in a manner prejudicial to the security of the State. It has further been averred by him in his affidavit that on the receipt of the opinion of the Advisory Board the Government after due consideration confirmed the continued detention of the detenu for a period of 24 months.