[1] This is an application under Section 491, Criminal P, C., submitted by Mr. Ghulam Ahmad Ashai, a detenu, through the Superintendent of Sub-jail, Kud, praying for being released from detention on the ground that his detention was illegal. The application came up for hearing before a Single Bench of this Court and by order dated 5th of Har 2011, it was referred to the Pull Bench for decision. In view of the fact that the case was perhaps the first of its kind which came up for hearing after the promulgation of the presidential Order of 14-5-1954, we gave the parties ample opportunity to present their case in all its aspects and in fact we heard the counsel for a number of days.

[2] On 9-8-1953 the petitioner was arrested and detained under an order of Mr. G. R. Thapa, Deputy Inspector General of Police, Kashmir, issued in exercise of powers conferred on him under Section 3, Jammu and Kashmir Public Security Act, 2003, as amended by Ordinance No. 1 of 2010. Mr. Thapa's order reads as under :

Whereas I, G. R. Thapa, Deputy Inspector General of Police, Kashmir, am satisfied with respect to Mr. G. A. Ashai son of Mr. Qadir Shah Ashai resident of Raj Bagh, that it is necessary