Case: Bansi Lal Kaul Vs. State of Jammu and Kashmir

1. This is a petition under Article 32 of the Constitution challenging the petitioners detention.It was stated in the petition that the petitioner was arrested on June 25, 1970 and was detained in Police Station Koti Bagh, till June 26, 1970, without any warrants. It was further stated that the petitioner was not served with any warrants at the time do arrest but was made to sign the warrants of detention issued from the District Magistrate, Srinagar, in Central Jail after the lapse of over ten days.

Reasoning:
5. This petition was heard immediately after Writ Petition No. 310 of 1970, in which we have just delivered judgment.The only additional point raised by the learned counsel was that as Order No. PDA/DMS/86/70, dated June 25, 1970, which directed that the petitioner be informed that it was against public interest to disclose to him the grounds on which the detention order was made was not communicated to him till July 6, 1970, the detention order is bad.The learned counsel for the State showed the orginial order to us and it bears the signature of the petitioner and a under it the date July 3, 1970, appears.In view of this we must hold that the affidavit sworn to before us by the petitioner regarding this fact and that as a matter of fact he was informed of the said order on July 3, 19706. We need not go into the question whether he was arrested on June 25, or June 26, 1970, because even if he was arrested on June 25, 1970, without any warrant this would not make the present detention illegal.