GHULAM MUSTAFA KAMIL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THESE 15 petitions have been filed Under Section 491 of the Criminal Procedure Code in the nature of Habeas Corpus. As the points involved in them are mostly common, they have been heard together and this judgment will govern all of them.

(2.) THE petitioner in each case has been detained in one or another iail of the State either by the order of the District Magistrate Srinagar, or the District Magistrate Baramulla Under Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964 (Act No. XIII of 1964) or by the Government Under Section 3 (1) (a) (i) read with Section 5 of the same Act, referred to hereafter as the Act. The orders of detention were made on different dates by the District Magistrate Baramulla in case Nos. 65, 66, 82 and 83 of 1969, by the Government, case No. 85 of 1970 and by the District Magistrate, Srinagar in the rest. The order of detention in each case was followed by another separate order of even date by the authorities concerned withholding the disclosure of the grounds of detention 'in the public interest' in view of the Provisions of Section 8 read with Section 13 (A) of the Act. They were arrested on different dates between November, 1968 and November, 1969, and they are lodged in different jails as specified in the order of detention or subsequently transferred by the Government to some other jail.

(3.) ALL the orders are practically similarly worded, except for the difference in the names of the detenus and the authority making the order. A copy of each order supports to have been forwarded to the relevant police officer for service on the detenu concerned, as also to the Government and its various authorities. A compliance report by the police officer concerned is also endorsed at the foot of each order. I may quote only one of such orders from its true copy as made in case No. 43 of 1969 by way of sample. Order No. PDA-DM/230/69 dated 17-3-1969. Whereas, I, Iftikhar Ahmad, IAS. , District Magistrate, Srinagar, am satisfied that with a view to preventing Ghulam Mustaffa Kamil S/o Syed Akbar Shah, R/o Kawdara, Srinagar, from acting in any manner prejudicial to the security of the State, it is necessary 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, Iftikhar Ahmad I. A. S. , District Magistrate, Srinagar. hereby direct that the said Ghulam Mustaffa Kamil be detained in Addl. lock up attached to Police Station Saddar, Srinagar subject to such conditions as to maintenance of discipline and punishment for breaches of discipline as have been specified in the Jammu and Kashmir Detenus (General) Order, 1968. Sd/- (Iftikhar Ahmad) I. A. S. District Magistrate, Srinagar. Forwarded to Shri A. R. Mir, Dv. Superintendent of Police CID/ci, Srinagar for execution of the order as provided by Section 4 of the Jammu and Kashmir Preventive Detention Act; 1964. Notice of the order shall be given to Ghulam Mustaffa Kamil by reading over the same to him. . . Copy forwarded to the: