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Abdul Rehim Bhat Vs. District Magistrate and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtJammu and Kashmir High Court
Decided On
Judge
Reported in1972CriLJ1633
AppellantAbdul Rehim Bhat
RespondentDistrict Magistrate and ors.
Excerpt:
- .....103 of the constitution of jammu and kashmir directing the release from detention of ghulam mohd bhat resident of sopore.2. it is averred in the petition that the said ghulam mohd bhat was president of co-operative society which post he relinquished in the year 1970. some local people grew inimical with him and they in collusion with the station house officer of police station sopore made false reports against him and on the basis of these reports respondent no. 1 passed an order of detention against the said ghulam mohd bhat under section 3 (2) read with section 5 of the jammu and kashmir preventive detention act, 1964. the impugned order is sought to be quashed as being violative of articles 21 and 14 of the constitution of india. the respondent no. 1 it is averred, did not.....
Judgment:
ORDER

Mian Jalal-Ud-Din, J.

1. In this petition the petitioner seeks a writ of habeas corpus under Section 103 of the Constitution of Jammu and Kashmir directing the release from detention of Ghulam Mohd Bhat resident of Sopore.

2. It is averred in the petition that the said Ghulam Mohd Bhat was President of Co-operative Society which post he relinquished in the year 1970. Some local people grew inimical with him and they in collusion with the Station House Officer of Police Station Sopore made false reports against him and on the basis of these reports respondent No. 1 passed an order of detention against the said Ghulam Mohd Bhat under Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964. The impugned order is sought to be quashed as being violative of Articles 21 and 14 of the Constitution of India. The respondent No. 1 it is averred, did not apply his mind to the fact of the cage. He did not verify the reports against the detenu. There was no basis or material on the basis of which the respondent No. 1 could have declared the conduct of the detenu to be such as to be prejudicial to the maintenance of public order. No grounds of order were served on the detenu nor was the order served in accordance with the provisions of Jammu and Kashmir Preventive Detention Act of 1964. The petition has been made by one Abdul Rehman Bhat who has sworn in an affidavit in support of the petition.

3. Shri S. S. Razvi District Magistrate. Baramulla has filed counter affidavit in which he has averred that the detention order of Ghulam Mohd Bhat was issued after he was satisfied upon the materials placed before him that with a view to prevent the said Ghulam Mohd Bhat from acting in a manner prejudicial to the maintenance of public order, it was necessary to detain him. The aforesaid detention order was forwarded by him for execution to the Station House Officer Police Station Sopore who in compliance thereto arrested the detenu on 16-4-71 and committed him to the Central Jail. Srinagar for detention therein. The fact of the above mentioned detention order together with the grounds of detention on which the order was made and all particulars having bearing on the matter was reported to the Government and the latter after considering the matter approved the said detention order (vide Government Order No. ISD-6719 of 1971 dated 1-5-71). The grounds of detention were communicated to the detenu under No. CON/11-12 dated 13-4-1971 and he Was informed that he was entitled to make a representation against the aforesaid order of detention to the Government. The detention order has been issued in the interest of maintenance of public order and for no other purpose. It is denied that there was any collusion between any interested Dersons and the Sub-Inspector of Police Station Sopore. to falsely make out a casp of detention against the petitioner.

4. Shri A. R. Khaiuria. Deputy Secretary to Government. Home Department, has also filed an affidavit in which it is mentioned that the Government after having fully considered the matter of detention approved the said detention order and that the order of detention of the District Magistrate as also the reports submitted by the District Magistrate and all other relevant and material facts were placed by the Government before the Advisory Board on 29-5-1971 as required by Section 10 of the Preventive Detention Act of 1964. But Shri Ghulam Mohd Bhat did not make any representation against the detention order in question.

5. There are also affidavits of Ghulam Ahmad War Station House Officer, Police Station Sopore and Radha Kishan Head Warder Central Jail. Srinagar. In the affidavit of the S. H. O. Police Station Sopore the deponent has averred that he in compliance with the order of the District Magistrate Baramulla arrested Shri Ghulam Mohd Bhat on 16th of April. 1971 and committed him to the Central Jail Srinagar on the same day. Before arresting the detenu he was given due notice of the detention order by reading out the contents to him in Kashmir and Urdu languages. Radha Kishan Head Warden has sworn in an affidavit to the effect that the detenu was detained in the Central Jail Srinagar on 16-4-71 when he was released on parole on 30-6-71. The order of parole was however cancelled by the Govt. and the detenu was directed to surrender himself to the Superintendent Central Jail. Srinagar and hp surrendered himself accordingly. The detenu was informed of the grounds of detention and he was told that he was entitled to make representation against the order of detention to the Government in token whereof the detenu affixed his signatures on the aforesaid communication.

6. I have heard the arguments in the case.

7. My attention is invited to the order of detention which reads as under:


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