Sikri, C. J. - (1.) This is a petition under Article 32 of the Constitution challenging the detention of the petitioner under the Jammu and Kashmir Preventive Detention Act, 1964 (J. and K. Act XIII of 1964) hereinafter referred to as the Act.
(2.) On June 24, 1970, the District Magistrate of Baramula passed the impugned detention order in the following terms: "OFFICE OF THE DISTRICT MAGISTRATE, BARAMULLA. No PDA/IMB/81 Dated 24-6-1970. ORDER Whereas I, S. S. Rizvi, District Magistrate, Baramula, am satisfied that with a view to preventing Mohammad Maqbool Damnoo s/o Ghulam Mohi-ud-Din Damnoo alias Mahda Joo r/o Sangrampora from acting in any manner prejudicial to the security of the State, it is neccessary so to do; Now, therefore, in exercise of the powers conferred by Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964, I, S. S. Rizvi, District Magistrate, Baramulla herby dircet that the said Mohammad Maqbool Damnoo be detained in the Central Jail Srinagar, subject to such conditions as to maintenance, discipline and punishment for breaches of discipline as have been specified in the J. and K. Detenues General Order, 1968. Sd/- District Magistrate, Baramuall. No. Con/826-30 Dated 24-6-1970. Copy forwarded:- 1. Shri Abdul Majid Lone, Dy. S. P. Sopore in duplicate for execution of the order as provided by Sec. 4 of the J. and K. Preventive Detention Act, 1964. Notice of the order shall be given to Mohmmad Maqbool Damnoo by reading over the same to him and one copy duty (duly) executed, returned to his office....."
(3.) On the same date, the District Magistrate passed an order under Section 8. read with Section 13-A of the Act directing that the petitioner be informed that it was against the public interest to disclose to him the grounds on which his detention was based. On July 11, 1970, the Government having considered the order of detention, the report of the District Magistrate, the grounds on which the order had been made, and other particulars bearing on the matter approved the said detention order.;