to that Agency, such activities were likely to assist Pakistan in any armed aggression against the State and were a threat to the security of the State.
The grounds of detention were served upon him on July 15, 1981.
31 of 1981 for writ of Habeas Corpus in the High Court of Jammu and Kashmir at Jammu.
A petition was moved on his behalf before the Chief Judicial Magistrate Jammu praying for releasing the detenu, on bail.
The Advisory Board submitted its report to the Government on September 4, 1981.
The detenu submitted his representation dated July 29, 1981 addressed to the Secretary the Government Home Department to the Superintendent, Central Jail, Jammu where the detenu was detained.
One Shri K.D. Sharma, Incharge Superintendent, Central Jail Jammu has stated in his affidavit dated February 6, 1982 that the representation of the detenu dated July 29, 1981 was forwarded to the Government at Srinagar vide office letter No.
During the companyrse of arguments an order has been A shown to me by the police that said Vijay Kumar accused has number been ordered to be detained under the Public Safety Act.
Put up for orders on 6.7.81.
The department also received the companyments of S.P., I.D. Counter Intelligence, Jammu and thereafter the case was processed on August 24, 1981 in the office of the Home Department at Srinagar and the file was placed before the Home Secretary on August 25, 1981, who recommended the same for approval on August 28,1981 to the Chief Minister Home From the same affidavit, it further transpires that the Chief Minister rejected the representation on August 31, 1981 and the same was companymunicated to the detenu on September 1, 1981.
The petition came up for hearing before the learned Single Judge, who by his judgment dated December 7, 1981 rejected the same.
Hence this application is returned to the applicant for presentation to the proper companyrt alongwith report The detenu thereupon moved an application for releasing him on bail before the learned Additional Sessions Judge, Jammu, who, we are informed, was companypetent to try the accused charged with an offence under Enemy Agents ordinance.
2596 on the same day was also sent to the Government intimating that the representation of the detenu had been forwarded to the Government for appropriate action.
One K.D. Sharma, Medical officer, Central Jail, Jammu, Incharge Central Jail, Jammu who has filed his affidavit dated February 6, 1982, has admitted that the detenu submitted his representation addressed to the Secretary to the Government, Home Department, on July 29, 1981.
2595 dated July 29, 1981.
When the matter again came up on July 6, 1981, the learned Magistrate made the following order Although there was numberhing in the C.D. File about his Petitioner involvement in E.A.O. Enemy Agents ordinance on 4.7.81, but today a detailed report has been presented in which one of the offences of which he is charged is u s 3, E.A.O. which this Court is number companypetent to try.
The detenu was served with the detention order dated July 11, 1981 on the same day in jail because he was already in jail from June 25, 1981.
Admittedly the detenu submitted his representation to the Superintendent of Jail on July 29, 1981.
Under article 32 of the Constitution Bhim Singh, P.D. Sharma Subash Sharma for the Petitioner.
Thereafter the detenu by the present writ petition, moved this Court under Article 32 of the Constitution for a writ of Habeas Corpus.
2595 dated July 29, 1981 and simultaneously a wireless message No.
In the meantime, the case of the detenu was referred to the Advisory Board on August 3, 1981.
The detenu Vijay Kumar was arrested on June 26, 1981.
ORIGINAL JURISDICTION Writ Petition Criminal No.
Mr. K S. Salathia, Deputy Secretary to the Government of Jammu and Kashmir, Home Department, Jammu, in his affidavit dated February 9, 1982 has stated that the 1 representation of the detenu was received from the Superintendent, Central Jail, Jammu in the office of the Home Department at Srinagar on August 12, 1981.
He proceeds to assert that the said representation in original was forwarded by post to the Government in Srinagar vide his office No.
N. Phadke and Altaf Ahmed for the Respondents, The Judgment of the Court was delivered by DESAI, J. On February 9, 1982 we made an order quashing the detention order dated July 11, 1981 made by the District Magistrate, Jammu in exercise of the power companyferred by Section 8 of The Jammu and Kashmir Public Safety Act, 1978 Act for short and we announced that the reasons would follow.
The learned Chief Prosecuting officer and the learned companynsel for the accused have been heard.
9516 of 1981.
If the detaining authority was companyscious of the fact that the detenu was already arrested and companyfined in jail, the order ex facie would have shown that even though the detenu was in jail, with a view to preventing him from acting in a manner prejudicial to the security of the State it was necessary to detain him.
In view of this order, this bail application has become infructuous which is disposed of accordingly.
This petition for bail appears to have companye up before the learned Magistrate on July 4, 1981 when the following order was made I have heard the advocate for the applicant and perused the C.D. File.
His petition for bail came up before the learned Additional Sessions Judge on July 11, 1981 when the following order was made This application pertains to Vijay Kumar accused who is involved for an offence under the Enemy Agents ordinance which is being investigated by the Counter Intelligence Police, Jammu.
The grounds for detention were served on him on July 15, 1981.
one Rattanlal, the brother of the detenu moved Petition No.
The impugned order of detention recites that the detenu is detained with a view to preventing him from acting in any manner prejudicial to the security of the State.
Section 8 of the Act prescribes grounds for detention, one such ground being to prevent any person from acting in any manner prejudicial to the security of the State.
Here are the reasons.
