P L LAKHANPAL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This application for a writ of 'hebeas corpus is directed against the State of Jammu and Kashmir which has by its order dated 4-10-1955, directed the detention of the petitioner under S. 3, Jammu and Kashmir Preventive Detention Act, (Jammu and Kashmir Act 4 of 2011) hereinafter to be referred to as "the Act".

(2.) The petitioner, P. L. Lakhanpal, aged approximately 28 years, describing himself as the Chairman, End Kashmir Dispute Committee, has moved this Court against the order of the State detaining him in Kothi Bagh sub-jail in Srinagar. The application is based on the following allegations. The petitioner is normally a resident of 9821, Nawabganj, Delhi 6. He went to Kashmir on a permit on 24th September this year "on a study-cum-pleasure trip".

(3.) The State has filed an answer to the petitioner's affidavit in support of his petition. The affidavit filed on behalf of the State is sworn to by Shri Pirzada Ghulam Ahmad, Chief Secretary to the Government. In this affidavit he denies that the petitioner had come to Kashmir on a study-cum pleasure trip as alleged by him. He further states that the petitioner during his stay in Kashmir "actually engaged himself in activities prejudicial to the security of the State" and that the Government was "satisfied that it is not in the public interest to communicate to the petitioner the grounds of the said detention order".