Judgement

DAS, CJI.: These two petitions raise a common question of interpretation of S. 8 of the Jammu and Kashmir Preventive Detention Act, 2011, being Act IV of (Samvat) 2011 (hereinafter referred to as the Act). Both the petitions have been filed under Art. 32 of the Constitution of India, complaining that the petitioners have been and are being wrongfully detained under the Act and praying for their immediate release.

2. By two separate orders made by the Jammu and Kashmir Government on April 26, 1956 in exercise of the powers conferred on it by sub-s. (1) of S. 3 of the Act the Government ordered that the petitioners be detained. Each of the orders recited that the Government had been satisfied with respect to each of the petitioners that with a view to preventing him from acting in a manner prejudicial to the security of the State, it was necessary to make an order that he be detained. No grounds having been supplied to either of the petitioners nor any declaration having been made under the proviso to S. 8 (1) of the Act for a considerable time, each of the petitioners applied to the High Court of Jammu and Kashmir under S. 491 of the Code of Criminal Procedure for an order