Case: Bagh Hussain Vs. State of Jammu and Kashmir

2. By an undated letter addressed by the petitioner, Bagh Hussain, to this Court, the petitioner claimed that he was illegally detained in the Central Jail, Jammu for more than six months and that an order for his release may be made. The letter was treated as a petition for a writ of habeas corpus, and rule nisi was issued to the State of Jammu and Kashmir to show cause why the petitioner should not be released.3. Shri P. N. Bakaya, Addl. Secretary to Government of Jammu and Kashmir, has filed an affidavit. In the affidavit it is submitted that the District Magistrate, Rajouri ordered under Section 3(2) read with Section 5 of the Jammu and Kashmir Prevention Detention Act, 1964, with a view to preventing the petitioner, Bagh Hussain, from acting in a manner prejudicial to the security of the State, that the petitioner be detained, and that the petitioner was informed by an order, dated July, 23, 1969, under Section 8 read with Sectionof the Jammu and Kashmir Prevention Detention Act, 1964, that it was against the public interest to disclose to him the grounds on which the order of detention was made. Shri Bakaya further affirmed that the detention order issued by the District Magistrate was approved by the Government of Jammu and Kashmir after the case was placed before the Chief Minister "incharge, Home Department" and an order, dated August 11, 1969, approving of the detention was made.4. Copies of the order of the District Magistrate, Rajouri, ordering the detention of the petitioner and declaring that it was against the public interest to disclose the grounds of detention to the petitioner and informing him accordingly under Section 8 read with Sectionof the said Act, are filed. A copy of the order approving the order of detention of the Government has also been filed.

Reasoning: 5. Under Section 8 of the Jammu and Kashmir Preventive Detention Act, 1964, the grounds of detention have to be disclosed to the person affected by the order of detention. But under Sectionof the said Act, it is provided by(2) that if a person is detained for acting in a manner prejudicial to the security of the State, nothing in Section 8 of the Act would apply, if the authority making the order by the same or a subsequent order directs to the person detained, informing him that it would be against the public interest to disclose to him the grounds on which his detention order was made.