The said order of detention was approved after the case had been placed before the Chief Minister in charge of the Home Department.
The Deputy Secretary to the Government of Jammu and Kashmir, Home Department, has filed an affidavit on behalf of the State It is stated therein that the District Magistrate, Srinagar, by order dated June 25, 1970, ordered that the petitioner be detained under the Jammu and Kashmir Prevention Detention Act, 1964, with a view to preventing him from acting in any manner prejudicial to the security of the State The said order of detention was executed on June 26, 1970 by the Deputy Superintendent of Police, City South Zone, Srinagar.
This Court issued rule nisi and assigned a Counsel to appear as amicus curiae.
It is further stated that the petitioner was informed of the District Magistrates order dated June 25, 1970 that it was against the public interest to disclose to him the grounds on which the detention order was made.
He denied that he was ever informed of the order of the District Magistrate.
He further alleged that the order of the Home Minister approving the detention of the petitioner was never companymunicated to him within the prescribed period of 24 days.
It was further stated that the numberice of the detention order was given by the executing officer, Shri A.M. Watali, to this petitioner by reading over the same to him and further that the petitioner was also informed by the Superintendent, Central Jail, Srinagar, that it was against public interest to disclose to him the grounds on which the detention order was made and in token thereof the petitioner had signed the order of number disclosure of grounds.
He re iterated that he was arrested on June 25, 1970 and number on June 26, 1970.
The petitioner filed a rejoinder affidavit.
This petition was heard immediately after Writ Petition No.
It was further stated that the petitioner was number served with any warrants at the time of arrest but was made to sign the warrants of detention issued from the District Magistrate Srinagar, in Central Jail after the lapse of over ten days.
It was denied that the order of the Government was passed on July 16, 1970, as it purported to do on the face of it.
He further stated that he was informed of the order dated June 25, 1970, on July 6, 1970.
M. Sikri, J. This is a petition under Article 32 of the Constitution challenging the petioners detention.
It was stated in the petition that the petitioner was arrested on June 25, 1970 and was detained in Police Station Koti Bagh till June 26, 1970 without any warrants.
