Abdul Ghani v/s. State of Jammu & Kashmir
- Aman Raj
- May 22, 2020
Abstract :
Abdul Ghani sought the issue of a writ of Habeas Corpus for the petition referred to in Article 32 of the Constitution on the charge of unlawful detention. The petitioner was arrested, Mr. Abdul Ghani, under an order issued under Section 3(2) of the Jammu & Kashmir Preventive Detention Act, 1964, by the District Magistrate of Poonch, in the State of Jammu & Kashmir. On May 9, 1970, the District Magistrate issued an order in compliance with Section 8 of the Act and later dated May 22, 1970 in compliance with the arrest warrant, and on the same day, the petitioner was imprisoned. It has been told that disclosure to him is against the public interest. Grounds for the arrest warrant in compliance with the orders of the District Magistrate, as mentioned above. When this information was sent to him, his signatures were marked on the back of the document provided by the District Magistrate. The State Government subsequently confirmed the detention of him, pending investigation by the Chief Minister of the reasons for the order and other details relating to the matter. On these facts, the learned counsel who appeared for the petitioner questioned the fairness of the detention for seven separate reasons. Accordingly, the Supreme Court referred the whole of the petition concerning the constitutional validity of the accused\'s rights and its applicability to the state of Jammu and Kashmir in the case of “Abdul Ghani v State of Jammu and Kashmir”
