ABDUL RAZAK LONE Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This is a writ of habeas corpus challenging the detention order -No. 484/86/ST dated 30/7/1987 passed by the District Magistrate, Anantnag.

(2.) After hearing the learned counsel for the parties, the order impugned was quashed vide this Court order dated 4/11/1987 reasons were of are given below.

(3.) This writ petition can be disposed of on a short point. In the detention order it is specifically mentioned that the activities of the detenu are prejudicial to the security of the State and therefore, his preventive detention was necessary. In the counter affidavit filed by the detaining authority, it has been specifically indicated that the detention of the detenu was necessary for the maintenance of public order. In the verification of the affidavit the detaining authority has stated it specifically that paras 1 to 7 of the counter affidavit are true and correct to the best of his knowledge and belief as per the official record. This would clearly show that the detenue has been detained for the maintenance of public order and not for his activities prejudicial to tae security of the State and this is the positive case of the State against the detenu.