JUDGMENT

VENKATARAMIAH, J.:—At the conclusion of the hearing of the above petition on October 24, 1979, we made the following order:-

"The detenu Shabir Ahmed Shah who has been detained by the order dated the 23rd May, 1979 of the District Magistrate, Anantnag is directed to be released forthwith. Reasons would follow."

2. The reasons in support of the above orders are given below:-

3. The above petition under Art. 32 of the Constitution is filed by the petitioner requesting this Court to quash the order of detention bearing No. 299-304/ST dated May 23, 1979 passed by the District Magistrate, Anantnag in the State of Jammu and Kashmir under Section 8 (2) of the Jammu and Kashmir Public Safety Act, 1978 (Act No. VI of 1978) (hereinafter referred to as the Act) directing the detention of his (Petitioners) son, Shabir Ahmed Shah (hereinafter referred to as the detenu). The relevant part of the order of detention reads:

"Whereas I, Omar Jan, District Magistrate, Anantnag, am satisfied that with a view to preventing Shri Shabir Ahmed Shah s/o Ghulam Mohammad Shah r/o Kadipora, Anantnag, from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do;

Now, therefore, in exercise of the powers conferred by Section 8 (2) of the Jammu and Kashmir Public Safety act, 1978 (Act No. VI of 1978) I, Omar Jan, District Magistrate, Anantnag hereby direct that the said Shri Shabir Ahmed Shah be detained in Central Jail, Srinagar. Sd/-

(Omar Jan)

District Magistrate,

Anantnag."

4. The detenu was informed in pursuance of Section 13 of the Act that his detention had been ordered on the following grounds:-

"1. You originally belonged to YOUNG MANs LEAGUE (Hamid group) which was an anti-national and pro-Pakorganization of youngmen. You along with your erstwhile associates were responsible for creating subversion and danger to the maintenance of public order by organizing anti-national demonstrations and protests.

2. Later in the year 1975 when the Peoples League was formed with the avowed object of challenging the accession of the State to India and also for furthering the cause and interest of Pakistan in the State, you joined the party as an active member. You are currently the General Secretary of the Peoples League. You and your party have shown open sympathy and have tried to elicit public opinion in favour of Mohammad Maqbool Bhat, a die-hard pro-Pak subversive element who has been sentenced to death on two occasions for murder, espionage and sabotage and is currently awaiting execution. Pamphlets and posters have been issued by the Peoples League in support of Mohammad Maqbool Bhat.

3. In January and February, 1979 you joined subversive elements of Sopore area and organized the burning of religious places in order to create chaos in the State. The conspiracy was, however, unearthed by Baramulla Police in time before much damage was done. You were arrested in Case FIR No. 38/79 u/s. 436 RPC P/S Sopore registered in this connection.

4. Much before the execution of Mr. Z. A. Bhutto in Pakistan you and your party sent hand-bills and booklets to arouse the sentiments of the people against the State Govt. You along with your party members moved secretly to maintain contacts with disgruntled and undesirable elements in the valley and to arouse their base sentiments in this connection and context.

5. In the third week of March, 1979, when some unemployed youth started hunger strike at Lal Chowk, Anantnag, you lent support to the CPI ML and other parties who were out to create disturbances and to incite the youth to resort to violence and disorder.

6. On 29-3-1979 you along with your colleagues held a meeting and decided to disturb public order in Anantnag town in the context of pro-Bhutto sentiments and demonstrations the next day.

7. Consequently on 30-2-1979 you along with your associates moved stealthily to warn the shop-keepers to close their shops. You also incited the people to put road blocks and stop traffic. You and your a