MOHD AKBAR KICHLOO Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS is a petition for issue of a writ in the nature of Habeas Corpus by Shri Mohamad Akbar Kitchloo who has been, detained by Order No. I/PDA/69 dated 18 -7 -1969 of the District Magistrate, Doda issued under Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964, and approved by the Government vide Order No. ISD 244 of 1969, dated 9 -8 -1968.

(2.) IT appears that pursuant to the aforesaid order of the District Magistrate, the petitioner was arrested on 19 -7 -1969 at 7 -40 A, M. at the entrance of the court gate of the Judicial Magistrate at Doda, and the grounds of his detention as contained in the order reproduced below were furnished to the petitioner at his request on 26 -7 -69: "OFFICE OF THE DISTRICT MAGISTRATE DODA" ORDER The Superintendent of Police Doda vide his No. 864/CB dated 18 -7 -1969 has reported that the young blood at Doda formed Students and Youth Federation from 23 -4 -1969 and started a campaign by demanding the shifting of Sessions and Chief Judicial Magistrate Courts and Teachers Training School from Bhaderwah " and D. M. Os. office from Batote to Doda and opening of a Degree College at Doda. Since then they have been organising public meeting as well. Sh. Mohd Akbar Kichloo Advocate S/O Kh. Mohd. Khalil Kichloo r/o Doda, National Conference, is instigating the Students and Youth Federation to organise strikes, Dharna, meetings and processions simply to derive political capital out of it. He all along remains with the students and addresses the meetings at various occasions thereby preaching violence openly. He is further reported to be conducting secret meetings with the students and their supporters thereby instigating them to observe Hartal, stage Dharna and organise processions and meetings in order to create lawlessness at Doda. He is reported to have met the hunger strikers openly and at an occasion he encouraged them to continue their struggle and also exploited them against the government. He once referred to Telangana in his speech and thereby instigating the students to carry on the agitation on the same lines. He is reported usually starting his speeches with revolutionery couplet from Iqbal. These acts of this individual are causing fear and alarm in public and there is every apprehension of breach of public order. The Superintendent of Police Doda has therefore, recommended the detention of the said Mohd. Akbar Kichloo Advocate r/o Doda under the provisions of the J & K Preventive Detention Act, 1964, in order to prevent him for acting in a manner prejudicial to the maintenance of public order. In view of the above facts I am satisfied that a detention order under Section 3 (2) read with Section 5 of the J & K Preventive Detention Act 1964 be issued against the said Mohd. Akbar Kichloo Advocate son of Sh. Mohd. Khalil Kichloo and be detained in Central Jail Jammu. The detention order be sent to the Superintendent of Police Doda for execution. Dated 18 -7 -1969 Sd/ - District Magistrate Doda." In the petition challenging his detention the petitioner has inter alia averred that the grounds of detention are vague, flimsy and self -contradictory, and as such liable to be set aside, that the order of detention illegal as the District Magistrate has acted merely upon the report of the Superintendent of Police without verifying the facts or applying his judicial mind, that to muster public support for genuine and lawful demands of the people and organise peaceful processions, dharnas and hartals is an established right in a democratic country and the detention order issued on this account tantamounts to the denial of fundamental rights guaranteed to the citizens of India, that the speeches of the petitioner .have been wilfully and deliberately distorted with the mala fide intention of harming him politically as he was exposing the omissions and commissions of the administration, and that the petitioner has all along been advocating non -violence and secularism as a creed and not as a political expediency and to represent the petitioner as preaching violence is sheer injustice to him which appears to be motivated by political considerations of the vested interests.

(3.) IN the affidavit -in -opposition which has been sworn to by Shri Prahlad Singh, District Magistrate, Doda, it has been inter alia stated that the impugned detention order was issued by him as he was satisfied that it was necessary so to do in order to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order, that the grounds of detention served on the petitioner were clear, capable of being clearly understood and were sufficiently definite to enable the petitioner to make his representation, that the petitioner was organising and instigating procession dharna, and hartal and preaching violence and instigating the public to commit acts of lawlessness, that these acts were prejudicial to the maintenance of public order, that information of the issue of the impugned order of detention was duly conveyed to the Government through the Home Secretary and a copy of the grounds was also forwarded to the Government who approved of his action.