ABDUL RASHID SHAB Vs. THE STATE OF J. & K.

JUDGEMENT

(1.) THIS is a petition Under Section 491, Criminal Procedure Code by Shri Abdul Rashid Shah, a Vakil of this Court, challenging his arrest and detention effected on the basis of order No. PDA/DMS/22/70 dated 25 -4 -170 made by the District Magistrate, Srinagar, for reasons of the security of the State in exercise of the power conferred on him Under Section 3 (2) of the Jammu and Kashmir Preventive Detention Act, 1964, (hereinafter referred to as 'the Act').

(2.) MR . Beg appearing on behalf of the petitioner has urged only two points before me. He has in the first place submitted that the detention of the petitioner is invalid as the aforesaid order of detention was not shown or read over to him at the time of his arrest as directed by the District Magistrate. He has next submitted that whereas according to the endorsement made by Shri A. M. Wattali, Deputy Superintendent of police, South Zone, Srinagar, to whom the said order of detention was forwarded by the District Magistrate, Srinagar, for execution and the averment made in para 2 of his affidavit by the Secretary to Government, Home Department, the petitioner was arrested on 26.4 -1970 pursuant to the said order of detention, the District Magistrate had in the first para of his order No. 8T/22/70 dated 25.4.1970 passed Under Section 8 read with B. 13.A of the Act stated that the petitioner ''has been detained' in pursuance of order No. PDA/DMS/22/70 dated 25 -4.1970 which was factually incorrect. Mr. Beg has further submitted that even the Secretary to Government, Home Department, has while drafting his reply affidavit acted without due care and caution as is apparent from para 5 of the first part of the affidavit setting forth preliminary objections to the petition which runs as under ; The Government after considering the said order of detention along with the grounds and the material placed before them on which the order of detention was made approved the order of detention vide No. ISD -345 of 1970 dated 18 -5 -1970. The said order was also communicated to the deteau who in token of his having been informed about it made the following endorsement on the said order: Janab a -aali, aaj maurkha 18 -5 -1870 nazar band mazkoor ko hukam haiza ee mutla kia gia. Sd/ - Gh. Rassool......18.5 -1970. The learned Counsel has vehemently contended that the recital in the order passed by the detaining authority Under Section 8 read with Section 13 -A of the Act coupled with the careless drafting of the affidavit by the Secretary to Government, Home Department, is a proof positive of the mala fides of the authorities rendering the petitioner's dstention improper and invalid.

(3.) I have given my earnest consideration to the submissions made by the learned Counsel for the parties.