Jammu and Kashmir Court November 1969 Judgments

Prem Avtar Bakshi Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

Reported in: 1970CriLJ1229

ORDERS.M.F. Ali, C.J.1. This is a writ of Habeas Corpus directed against an order of detention passed by the District Magistrate, Jammu dated 13-9-69, The petition arises in the following circumstances.2. The petitioner is a journalist by profession and is the editor of a fortnightly news magazine called the Kashmir Post. The petitioner was arrested and detained in the Special Jail on the morning of 14-9-69 under a detention order passed by the District Magistrate Jammu dated 13-9-69. The petitioner seeks to challenge this order before me mainly on two grounds. In the first place the counsel for the petitioner submitted that the order not being in terms of Section 3 (2) of the Preventive Detention Act (hereinafter to be referred to as the Act) was clearly invalid and therefore the detenu was entitled to be released. Secondly it was submitted that the grounds served on the petitioner are extremely vague and ambiguous and on this ground also the order of detention was bad. In order to ap...