Sikri, J. - (1.) The petitioner filed a petition under Article 32 of the Constitution alleging that he had been e-arrested after serving four years' of detention in different jails of the State under the Preventive Detention Act and the Defence of India Rules and that he was arrested on June 14, 1970 and was kept in Police Station Koti Bagh till June 30, 1970 without any warrants. He prayed that the Superintendent of Jails, Srinagar, be directed to produce him before this Court for pleading his case.
(2.) Upon perusing the petition this Court ordered the issue of rule nisi and directed a counsel to be assigned as amicus curiae.
(3.) The Deputy Secretary to Government of Jammu and Kashmir, Home Department, has filed on affidavit in reply on behalf of the State. In this affidavit it is stated that the District Magistrate, Srinagar, ordered vice order No. PDA/DMS/85/70 dated June 25, 1970, that the petitioner be detained under the Jammu and Kashmir Preventive Detention Act, l964 with a view to preventing him from acting in any manner prejudicial to security of the State This order of detention was executed on June 30, 1970 by Shri Urgin Durjay, A. S. I., Police Station Kotibag, Srinagar. It is further stated that the petitioner was informed of the District Magistrate's order dated June 25, 1970, that it was against the public interest to disclose to him the grounds on which detention order was made. It is also stated that "thereafter the Government after placing the case before the Chief Minister in charge, Home Department, approved the said detention vice No. ISD-849 of 1970 dated 16-7-1970." There was no specific denial of the allegation in the petition that the petitioner was kept in Police Station Koti Bagh till June 30, 1970 without any warrants.;