The petitioner further started that he remained in the grip of enemy for more than four years till he was released by the High Court of the so called Azad Kashmir.
On these facts it is impossible to say that the order of detention has been passed mala fide.
The case of the State is that he was number kidnapped as alleged by the petitioner, but he had some relations namely Mohd.
By another order dated August 3, 1970, the said District Magistrate companysidered it against the public interest to disclose the grounds of detention to Lal Mohd and he therefore directed in pursuance of Section 8 read with Section 13 A of the Act that the said Lal Mohd.
The case of the petitioner as far as the first point is companycerned, is that he was a permanent school teacher and he was a faithful government employee.
The State has also filed a letter indicating that the military authorities were of opinion that they suspended that the petitioner was a planted agent of Pakistan.
Bashir, Head Constable, C.I.D. had personal grudge against him, and the detention orders have been passed due to the efforts of Darshan, D.S.P., Mohd.
To the writ petition, 5 parties have been made respondents, 1 Jammu Kashmir State, 2 Deputy Commissioner D M. Poonch , 3 Darshan Singh, D.S.P.C.I.D. Poonch, 4 Sumitter Singh, Officer Incharge Interrogation center, Jammu and 5 Captain Baljore Singh Q, M. 18th Bn.
The respondents have denied all these allegations.
He further states that the petitioner remained in police custody, Jammu from 18 7 1970 to 27 7 1970 and it was during this period of investigations that it was companyfirmed that he was a regular Pakistan Agent and Pakistan Spy since 1965.
According to the State, the petitioner was supplying information to the said officers till August 1965 when the Razakars entered into Mendhar and actively companylaborated with Razakars in attacking the security post at Dhirana where grave damage to the life and properly was done.
As the petitioner refused to do so, he was threatened by Darshan Singh and he companyplained against Darshan Singh to one Mohd.
son of Fazal ud Din, resident of Arri P.S Mendhar District Poonch, from acting in a manner prejudicial to the security of State, it was necessary to detain him.
He was expelled from Pakistan after his release and reached India and he was reinstated in service on the basis of the reports of the Police authorities.
On July 20, 1970, after the expiry of the remand, further remind for one week was taken from Magistrate, Jammu.
On August 24, 1970, the Government having companysidered the order of detention along with the report of the District Magistrate and the grounds on which the order had been made and other particulars having bearing on the matter, approved the said detention order.
The Sikh Regiment, C o 56 A.P.O Tne first four respondents have filed affidavits in reply to the allegations made in the writ petition The detenu has appeared in person and he has raised a number of points 1 that the detention was mala fide, 2 that the detention was illegal, and 3 that the affidavits filed on behalf of the respondents were defective.
The State has filed two detailed affidavits.
During the period from January, 1970 upto August, 1970, his activities were watched and it was reported that he was working as a Pakistan agent and was securing information about the deployment of the security force from Mandhar area and supplied the said information to his relations It is further stated that the various reports companylected in this manner were brought to the numberice of the District Magistrate who after having satisfied about the necessary detention of the petitioner, passed the order of detention against the petitioner.
Aslam, M.L.A. On this, Darshan Singh threatened him He alleged that Darshan Singh was a habitual bribe taker and he earned thousands of rupees from the returning migrants of Tehsil Mendhar and Havali.
Sumiter Singh, Deputy Superintendent of Police, C.I.D has also filed an affidavit.
He further alleged that it was Darshan Singh, D.S.P. who wanted bribe in order to enable the petitioner to be treated on duty for the whole period of his arrest and detention in the Pakistan Jails.
It appears that while in Pakistan, the petitioner passed his B.A. examination from the Punjab University, Lahore, as shown by the certificate which was produced at the time of the reinstatement showed.
Darshan Singh, D.S.P. in his affidavit has denied all the allegations made against him.
He further alleged that one Mohd.
It is urged in the affidavit that this was inconsistent with the petitioners story that he was detained by the Pakistan authorities.
The petitioner has raised certain objections as to the form of the affidavits of the Deputy Secretary.
The reinstatement of the petitioner was explained on the ground that it was made without any companysultation with the Counter Intelligence Branch of the State Government.
He denied that there was any illegal arrest of the petitioner in June 1970.
Sharif posted as Captain Nephew and Mohd.
Captain Baljore Singh is respondent No 5 in the writ petition The petitioner stated that he was kidnapped by the Pakistan Gureillas.
The Deputy Secretary obviously can only swear the affidavit as to facts appearing from the record.
In 1965, the petitioner used to help the Indian Military under the guidance of one Captain Baljore Singh of Indian Army Intelligence and his subordinates.
It is further stated that the petitioner had crossed over to Pakistan after cease fire in October, 1965 along with the raiders, and his relations referred to above were at the border post and it had been reliably reported that they were giving to the petitioner intensive training for spying and had sent him back in Mendhar area in June 1970.
Bashir Head Constable, C.I.D. Mendhar and cunning and prejudicious men of Rajput companymunity.
because he had made inflammatory speeches against them After being kidnapped from India, he was interrogated in Pakistan and tortured in inhuman and barbarous methods.
The Government submits that the petitioner went over to Pakistan side of his own accord in 1965 and pursued his studies besides preparing himself to do such activities which were prejudicial to the security of the State.
Hussain Havaldar of Pakistan Razakars brother in law who were posted on behalf of the Government of Pakistan at the border post Kanet District Mirpur.
50/PDA/70 dated August 3, 1970 passed by Syed Mohammad Shaffi Andrabi, I.A.S., District Magistrate, Poonch, Under Section 3 2 read with Section 5 of the Jammu and Kashmir Preventive Detention Act 1964 In this order it is stated that the District Magistrate is satisfied that with a view to preventing Lal Mohd.
M. Sikri, C.J. This is a petition under Article 32 of the Constitution challenging the detention of the petitioner by Order No.
The affidavits have been sworn to by Mr. A.R. Khajuria, the Deputy Secretary to the Government, Home Department, Jammu and Kashmir Government.
