Judgment

SIKRI C.J.I - This is a petition under Article 32 of the Constitution challenging the detention of the petitioner by order No. 50/PDA/70 dated August 3, 1970 passed by Syed Mohammad Shaffi Andrabi, I.A.S. District Magistrate, Poonch, under Section 3 (2) read with Section 5 of the Jammu & Kashmir Preventive Detention Act, 1964. In this order it is stated that the District Magistrate is satisfied that with a view to preventing Lal Mohd. son of Fazal-ud-Din, resident of Arri P.S. Mendhar District Poonch, from acting a in a manner prejudicial to the security of State, it was necessary to detain him. By another order dated August 3, 1970 the said District Magistrate considered it against the public interest to disclose the grounds of detention to Lal Mohd. and he therefore directed in pursuance of Section 8 read with Section 13 A of the Act that the said Lad Mohd. be informed that it was against the security of the State to disclose to him the grounds on which his detention order was made. On August 24, 1970 the Government, having considered the order of detention along with the report of the District Magistrate and the grounds on which the order had been made and other particulars having bearing on the matter, approved the said detention order.

2. To the writ petition, 5 parties have been made respondents, (1) Jammu and Kashmir State, (2) Deputy Commissioner (D. M. Poonch,) (3) Darshan Singh, D.S.P.,C.I.D. Poonch, (4) Sumittar Singh, Officer Incharge Interrogation Centre, Jammu and (5) Captain Balgore Singh Q.M. 18th Bn. the Sikh Regiment, C/O 56 A.P.O. The first four respondents have failed affidavits in reply to the allegations made in the writ petition. The detenu has appeared in person and he has raised a number of points; (1) that the detention was mala fide. (2) that the detention was illegal, and (3) that the affidavits filed on behalf of the respondents were defective. The case of the petitioner as far as the first point is concerned, is that he was a permanent school teacher and he was a faithful government employees. In 1965, the petitioner used to help the Indian Military under the guidance of one Captain Baljour Singh of Indian Army Intelligence and his subordinates. Captain Baljore Singh is respondent No. 5 in the writ petition. The petitioner stated that he was kidnapped by the Pakistan Guerillas, because he had made inflammatory speeches against them. After being kidnapped from India, he was interrogated in Pakistan and tortured by inhuman and barbarous methods. The petitioner further stated that he remained in the grip of enemy for more than four years till he was released by the High Court of the so-called Azad Kashmir. He was expelled from Pakistan after his release and reached India and he was reinstated in service on the basis of the reports of the Police and C.I.D. authorities. He further alleged that it was Darshan Singh D.S.P. who wanted bribe in order to enable the petitioner to be treated on duty for the whole period of this arrest and detention in the Pakistan Jails. As the petitioner refused to do so, he was threatened by Darshan Singh and he complained against Darshan Singh to one Mohd. Aslam, M.L.A. On this, Darshan Singh threatened him. He alleged that Darshan Singh was a habitual bribe taker and he earned thousands of rupees from the returning migrants of Tehsil Mendhar and Havali. He further alleged that one Mohd. Bashir, Head Constable, C. I. D, had personal grudge against him and the detention orders have been passed due to the efforts of Darshan, D. S. P., Mohd. Bashir Head Constable, C. I. D. Mendhar and cunning and prejudicial men of Rajput community.

The respondents have denied all these allegations. The State has filed two detailed affidavits. The affidavits have been sworn to by Mr. A. R. Khajuria, the Deputy Secretary to the Government, Home Department, Jammu and Kashmir Government. We gone through the affidavits and it is quite dear that if what is stated in the affidavits is true, t