JUDGMENT

DESAI, J. :— On Feb. 9, 1982 we made an order quashing the detention order dated July 11. 1981 made by the District Magistrate, Jammu in exercise of the power conferred by See. 8 of the Jammu and Kashmir Public Safety Act, 1978 (Act for short) and we announced that the reasons would follow. Here are the reasons.

2. The detenu Vijay Kumar was arrested on June 26, 1981. A petition was moved on his behalf, before the Chief Judicial, Magistrate, Jammu praying for releasing the detenu on. bail. This petition for bail-appears to have come up before the learned Magistrate on July 4, 1981 when the following order was made :

"I have heard the advocate for the applicant and perused the C. D. File. Put up for orders on 6-7-81."

2A. When the matter again came up on July 6, 1981, the learned Magistrate made the following order :

"Although there was nothing in the C. D. File about his (Petitioner) involvement in E. A. O. (Enemy Agents Ordinance). on 4-7-81, but today a detailed report has been presented in which one of the offences of which he is charged is u/s 3, E. A. O. which this court is not competent to try. Hence this application is returned to the applicant for presentation to the proper court along with report."

3. The detenu thereupon moved an application for releasing him on bail before the learned Additional Sessions Judge. Jammu, who, we are informed, was competent to try the accused charged with an offence under Enemy Agents Ordinance. His petition for bail came up before the learned Additional Sessions Judge on July 11, 1981 when the following order was made:

"This application pertains to Vijay Kumar accused who is involved for an offence under the Enemy Agents Ordinance which is being investigated by the Counter Intelligence Police, Jammu. The learned Chief Prosecuting Officer and the learned counsel for the accused have been heard.

During the course of arguments an order has been shown to me by the police that said Vijay Kumar accused has now been ordered to be detained under the Public Safety Act.

In view of this order, this bail application has become infructuous which is disposed of accordingly."

4. The detenu was served, with the detention order dated July 11, 1981 on the same day in jail because he was already in jail from June 25, 1981. The grounds for detention were served on him on July 15, 1981. The detenu submitted his representation dated July 29, 1981, addressed to the Secretary to the Government. Home Department, to the Superintendent, Central Jail, Jammu where the detenu was detained. One Shri K. D. Sharma, In charge Superintendent, Central Jail, Jammu has stated in his affidavit dated Feb. 6, 1982 that the representation of the detenu dated July 29, 1981 was forwarded to the Govemment at Srinagar vide Office letter No. 2595 dated July. 29, 1981 and simultaneously a wireless message No. 2596 on the same day was also sent to the Government intimating that the representation of the detenu had been forwarded to the Government for appropriate action. Mr. K. S. Salathia, Deputy Secretary to the Government of Jammu and Kashmir, Home Department, Jammu, in his affidavit dated Feb. 9, 1982 has stated that the representation off the detenu was received from the Superintendent, Central Jail, Jammu in the office of the Home Department at Srinagar on Aug. 12, 1981. The department also received the comments of S. P., C. I. D. Counter Intelligence, Jammu and thereafter the case was processed on Aug. 24, 1981 in the office of the Home Department at Srinagar and the file was placed before the Home Secretary on Aug. 25, 1981, who recommended the same for approval on Aug. 28, 1981 to the Chief Minister (Home). From the same affidavit, it further transpires that the Chief Minister rejected the representation on Aug. 31, 1981 and the same was communicated to the detenu on Sept. 1, 1981. In the meantime, the case of the detenu was referred to the Advisory Board on Aug. 3, 1981. The Advisory Board submitted its report to the Governm