NAGAR MAL ALIAS KAKA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner who is alleged to have liasion with Mohinder Singh alias Pappi, Punjab terrorists/ arms smugglers, was directed to be detained under the Public Safety Act vide the order passed by respondent No. 2 dated 23-9-1991 and is stated to have been taken into preventive custody on the same day i.e. 23-9-1991. The grounds of detention are stated to have been supplied to him on 27-9-1991. The order of detention of the petitioner has been challenged mainly on the grounds that as his detention has not been approved by the Advisory Board in terms of S.15 of the J and K Public Safety Act (hereafter, the Act) read with Art. 22(5) of the Constitution of India, he is entitled to be set at liberty. It has further been argued that the order of detention of the petitioner was also not approved by the Government within the statutory period.

(3.) The record of the respondents reveals that the order of detention of the petitioner was approved by the Government vide Govt. Order No. 879-A of 1991 dated 4th Oct., 1991, admittedly within the statutory period as prescribed under sub-sec. (4) of S. 8 of the Act. It is also revealed from the record that the Advisory Board constituted under the Act submitted its report to the Government for confirming the order of detention on 25-5-l992, admittedly, after the period prescribed by S. 16 of the Act. It may not be out of place to mention here that the detention case of the petitioner appears to have been referred to the Advisory Board by Addl. Secretary to Govt. Home Department vide his No. 907/ 91 dated 7-11-1991. The Board after perusing the record opined :