The order of detention was approved by the Chief Minister, who was incharge of the Home Department, on November 12, 1971.
It is manifest from these two affidavits that the petitioner was number in custody on October 24, 1971 when the order for his detention was made by the, District Magistrate.
The second companytention of Mr. Om Parkash relates to the fact that the period for which the petitioner was to be detained hag number been mentioned in the order of the State Government dated March 3, 1972 companyfirming the detention order.
The first companytention which has been raised by Mr. Om Parkash on behalf of the petitioner is that he was arrested on October 6, 1971 and was already in custody when the detention order was made against him on October 24, 1971.
The petition has been resisted by the State of Jammu Kash mir and other respondents, and the affidavit of Shri Mohammad Assin, Additional Secretary to the Government of Jammu Kashmir, Home Department, has been filed in opposition to the petition.
It is stated that Be detention order can legally be made against a person who is already in custody on the date of the detention order.
In view of the, above your activities were found extremely prejudicial to the security of the State, hence you were detained under the J K Preventive Detention Act, so that you are prevented from indulging in such nefarious activities.
An order companyfirming the detention order was thereafter made by the State Government on March 3, 1972 under section 12 of the Act.
The grounds of detention gave the following particulars You, Son Ullah s o Khawaja Mahad Joo r o Sri Chohana, P S Surenkot, District Poonch, were recruited as a source by Cap.
The case of the petitioner was placed before the Advisory Board on December 16, 1971.
Working as source of the above mentioned officers, you introduced Abdul Ghani s o Asda Rather resident of your own village, Rafiq s o Goffar Joo r o Poonch and Ghulam Mohi ud Din s o Karim Joo r o Seri Chohana with Pak Intelligence, who were recruited as sources by them.
Arguments have been addressed by Mr. Om Parkash amicus curiae on behalf of the petitioner, while the respondents have been represented by Mr. R. H. Dhebar.
Under Article 32 of the Constitution of India for the enforcement of fundamental rights.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by Khanna J. This is a petition through jail under article 32 of the Constitution for issuing a writ of habeas companypus by Suna Ullah Butt, who has been ordered by the District Magistrate Poonch to be detained under section 3 2 read with section 5 of the Jammu Kashmir Preventive Detention Act, 1964 hereinafter referred to as the Act with a view to preventing him from acting in any manner prejudicial to the security of the State.
195 of 1972.
The petitioner was thereafter kept in Central Jail Jammu.
H. Dhebar and R. N. Sachthey, for the respondent.
Kiani and Subedar Shah of Pak Intelligence in 1968, when you had crossed over to POK and settled at Palandri.
Om Prakash, for the petitioner.
The grounds of detention were companymunicated to the petitioner on November 1, 1971 in accordance with section 8 of the Act, which requires that such grounds should be companymunicated to the detenu as soon as possible but number later than 10 days from the date of detention.
The Board companymunicated its opinion on February 19, 1972 that the detention of the petitioner was justified.
The order of detention was passed by the District Magistrate on October 24, 1971, In pursuance of the detention order, the petitioner was taken into custody the same day and was explained the substance of the detention order.
