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PETITIONER: MOHAMMAD AFZAL KHAN
Vs.
RESPONDENT: STATE OF JAMMU & KASHMIR.
DATE OF JUDGMENT: 13/11/1956
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 173
ACT: Preventive Detention-Decision by Government to continue such detention-If must be communicated to the detenue within three months of the Order of detention Jammu and Kashmir Preventive Detention Act (IV of Sambat 2011), S. 14.
HEADNOTE: Section 14 of the Jammu and Kashmir Preventive Detention Act does not in terms provide for the making of a formal order and there is no scope for the contention that the decision of the Government thereunder that a detention order should be continued must be communicated to the detenue concerned within three months of his detention. Ackhar Singh v. The State of the Punjab, Petition NO. 359 of 1951, decided on October 22 1951, applied. Consequently, where, as in the instant case, the Government was satisfied that the activities of the detenue were prejudicial to the maintenance of public order and he should be continued in detention under s. 14 of the Act, such detention could not be challenged on the ground, that no order under that section had been made or communicated to him within three months of his detention, 64
JUDGMENT: ORIGINAL JUIRISDICTION : Petition No. 18...