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1969 Supreme(Online)(J&K) 7

JAMMU AND KASHMIR HIGH COURT
Janki Nath Bhat, Jaswant Singh, JJ.
Karim Bux v. State of J. and K


1. These are three applications under S.491 of the Code of Criminal Procedure and S.104 of the State Constitution for issue of writs in the nature of Habeas Corpus directing the release from detention of the petitioners and shall be disposed of by this judgement as they raise common question.

2. The facts relevant for the purpose of these applications are : -
In petition No. 3 of 1968, the District Magistrate Jammu by his order dated 14-3-1967 passed under R.30(1)(b) of the Defence of India Rules read with Jammu and Kashmir Government Notification No. SRO - 149 dated 23-4-1965 directed the detention of the petitioner in the Central Jail, Jammu with a view to preventing him from acting in any manner prejudicial to the defence of India, the public safety and the maintenance of public order. The petitioner continued to be detained under the Defence of India Rules as stated above, but on 3-1-1968, in view of the termination of the proclamation of emergency the State Government revoked the order of detention of the petitioner under the Defence of India Rules and passed a fresh order of detention of the petitioner under S.3(1) of the Preventive Detention Act , 1964, with a view to preve

























































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