VIJAY KUMAR Vs. STATE OF JAMMU AND KASHMIR
LAWS(SC)-1982-3-20
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on March 17,1982

VIJAY KUMAR Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Desai, J. - (1.) On Feb. 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 conferred by See. 8 of the Jammu and Kashmir Public Safety Act, 1978 ('Act' for short) and we announced that the reasons would follow. Here are the reasons.
(2.) The detenu Vijay Kumar was arrested on June 26, 1981. A petition was moved on his behalf, before the Chief Judicial, Magistrate, Jammu praying for releasing the detenu on. bail. This petition for bail-appears to have come 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. Put up for orders on 6-7-81." When the matter again came up on July 6, 1981, the learned Magistrate made the following order: "Although there was nothing 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 not competent to try. Hence this application is returned to the applicant for presentation to the proper court along with report."
(3.) The detenu thereupon moved an application for releasing him on bail before the learned Additional Sessions Judge. Jammu, who, we are informed, was competent to try the accused charged with an offence under Enemy Agents Ordinance. 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 learned Chief Prosecuting Officer and the learned counsel for the accused have been heard. During the course of arguments an order has been shown to me by the police that said Vijay Kumar accused has now been ordered to be detained under the Public Safety Act. In view of this order, this bail application has become infructuous which is disposed of accordingly.";


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