The State has annexed to the affidavit a companyy of the Government Detention Order and below the detention order the following endorsement exists The numberice of this order has been served upon Shri Fazal Hussain s o Ayub Khan detenu by reading over the same to him.
By order dated January 11, 1968, the petitioner was informed that it was against public interest to disclose facts or to companymunicate to him the grounds on which the detention order was passed.
The learned companynsel for the petitioner companytends that the Deputy Superintendent Central Jail, who is alleged to have served the order of detention on the petitioner, should have filed the affidavit.
Sd Dy.
Superintendent Central Jail, Jammu 8/1 In view of this endorsement the order of detention we do number companysider that it was necessary that the Deputy Superintendent, Central Jail, should have filed an affidavit to the effect that he had served the order of detention on the detenu Fazal Hussain.
No grounds of detention were served on the detenu, but an order dated October 25, 1967, issued by the Secretary to the Government, Home Department, was served on him informing him that it would be against the public interest to disclose the facts or the grounds of detention to him.
32 of the Constitution of India for a writ in the nature of habeas companypus.
The affidavit stating these facts is sworn to by the Additional Secretary to the Government, Jammu and Kashmir, Home Department, and it is stated in the verification that these facts were stated on the basis of information derived from the record of the case which he believed to be true.
The petitioner, Arshad Ahmad, was detained in pursuance of Detention Order dated September 19, 1967, passed under s. 3 1 a i of the Jammu Kashmir Preventive Detention Act, 1964.
ORIGINAL JURISDICTION Writ Petition No.
The companyy of the order on the record shows that the order was served on the detenu by Jaswant Singh, Deputy Superintendent of Police CID , Jammu on September 27, 1967.
Petition under Art.
The Judgment of the companyrt was delivered by Sikri, J. This is a joint petition by two detenues under art.
Gopalakrishnan and R.N. Sachthey, for the respondent.
K. Garg and Anil Kumar Gupta for the petitioners.
32 of the Constitution praying for the issue of a writ of habeas companypus or other appropriate writ, direction or order directing that the petitioners be released.
