JAVA MALA Vs. HOME SECRETARY GOVERNMENT OF JAMMU AND KASHMIR
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
HOME SECRETARY, GOVERNMENT OF JAMMU AND KASHMIR
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(1.) On May 6, 1982, we made the following order :
"This is a petition for writ of habeas corpus for release of Riaz Ahmed who has been detained under the Public Safety Act, 1978. The petition has been brought by the petitioner for release of Riaz Ahmed from the detention on various grounds set out in the writ petition. We are of the view for the reasons which we shall record later that the detention of Riaz Ahmed, is invalid and we accordingly allow the writ petition and direct that Riaz Ahmed be set at liberty forthwith."
Here are the reasons.
(2.) District Magistrate, Jammu, respondent 5 herein, made an order dated Oct. 17, 1981, directing detention of Riaz Ahmed alias Riaz, son of Mir Mohammad, resident of Julaka Mohalla, Jammu Tawi, under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 ('Act' for short). Pursuant to this order the detenu was arrested on Oct. 18, 1981, and detained in Sub-Jail, Rasi, but this order was modified on October 19, 1981, and the detenu was detained in Central Jail, Jammu. Grounds of detention were communicated on Oct. 20, 1981, and were served upon the detenu on Oct. 21, 1981. Detenu appears not to have made any representation even though it is alleged that he was advised about his right to make a representation. As required by Section 8 of the Act, respondent 1 by the order dated Oct. 26, 1981, approved the order of detention made by respondent 5. The case of the detenu was referred to the Advisory Board on Nov. 13, 1981, and the Advisory Board on Dec. 10, 1981, opined that there was sufficient cause for detention of the detenu. Thereafter the Government of State of Jammu and Kashmir confirmed the order of detention under S. 17 of the Act on Dec. 12, 1981.
(3.) Petitioner Jaya Mala who happens to be associated with some legal aid committee for helping needy persons from the State of Jammu and Kashmir received a letter dated April 15, 1982, from one Ayaz Khan, a student in the B. A, class of Jammu University stating that the detenu is his brother and that for the reasons set out in the letter the petitioner should move the Court for appropriate relief. Thereupon the petitioner filed the present petition.;
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