JUDGMENT

DESAI, J. :— On May 6, 1982, we made the following order :

"This is a petition for writ of habeas corpus for release of Riaz Ahmed who has been detained under the Public Safety Act, 1978. The petition has been brought by the petitioner for release of Riaz Ahmed from the detention on various grounds set out in the writ petition. We are of the view for the reasons which we shall record later that the detention of Riaz Ahmed, is invalid and we accordingly allow the writ petition and direct that Riaz Ahmed be set at liberty forthwith."

Here are the reasons.

2. District Magistrate, Jammu, respondent 5 herein, made an order dated Oct. 17, 1981, directing detention of Riaz Ahmed alias Riaz, son of Mir Mohammad, resident of Julaka Mohalla, Jammu Tawi, under Sec. 8 of the Jammu & Kashmir Public Safety Act, 1978 (Act for short). Pursuant to this order the detenu was arrested on Oct. 18, 1981, and detained in Sub-Jail, Rasi, but this order was modified on October 19, 1981, and the detenu was detained in Central Jail, Jammu. Grounds of detention were communicated on Oct. 20, 1981, and were served upon the detenu on Oct. 21, 1981. Detenu appears not to have made any representation even though it is alleged that he was advised about his right to make a representation. As required by Section 8 of the Act, respondent 1 by the order dated Oct. 26, 1981, approved the order of detention made by respondent 5. The case of the detenu was referred to the Advisory Board on Nov. 13, 1981, and the Advisory Board on Dec. 10, 1981, opined that there was sufficient cause for detention of the detenu. Thereafter the Government of State of Jammu and Kashmir confirmed the order of detention under S. 17 of the Act on Dec. 12, 1981.

3. Petitioner Jaya Mala who happens to be associated with some legal aid committee for helping needy persons from the State of Jammu & Kashmir received a letter dated April 15, 1982, from one Ayaz Khan, a student in the B. A, class of Jammu University stating that the detenu is his brother and that for the reasons set out in the letter the petitioner should move the Court for appropriate relief. Thereupon the petitioner filed the present petition.

4. This Court ordered a notice to be issued on April 29, 1982. making it returnable on May 5, 1982, and the notice carried an intimation that the matter will be finally heard on that day.

5. A return has been filed by Shri A. Sabasranaman, respondent 5, District Magistrate of Jammu, asserting that in view of the grounds served upon the detenu it became necessary for him to make the impugned order of detention. A detailed return has been filed by one Mir. K. S. Salathia, Deputy Secretary, Home Department, Jammu and Kashmir Government, to which he has annexed documents R-1 to R-7.

6. At the outset a brief reference to the two grounds by itself without anything more would be sufficient to dispose of the petition. In ground No. 1 it is alleged that on Jan. 10, 1981, when detenu was travelling by mini-bus, the conductor of the bus demanded fare which the detenu refused to pay and left the bus after administering threats. Subsequently on the same day detenu along with 7-8 other persons, three of whom are named, stopped the mini-bus at Hari Chock, Jammu, and attacked the conductor Chander Shekhar with a dagger with the intention to kill him and caused injuries to his person. The second ground recites that on Aug. 1, 1981, around 12 noon detenu in company of 34 other associates took lemon water from Navin Kumar Jain Rehri Walla at Mubarak Mandi and refused to pay for the same and on further demand detenu took out a dagger (Khokhri) and threatened saying "By demanding money you are inviting your death."

7. In respect of each incident set out in the ground F. I. R. has been lodged. If every infraction of law having a penal sanction by itself is a ground for detention danger looms large that the normal criminal trials, and Criminal Courts set up for administering justice will be substituted by deten