HAR JAS DEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner challenges the order of detention dated March 28, 1972 made under Section 3 of the Maintenance of Internal Security Act No. 26 of 1971 -hereinafter called 'the Act'. Initially he was arrested under the Official Secrets Act, 19 of 1923, and was remanded by the Magistrate on October 24, 1971. On November 19, 1971, the District Magistrate, Gurdaspur made an order of detention under Section 3 of the Act which was served on the petitioner while he was still in confinement under Section 3 of the Official Secrets Act. He was also served with the grounds of detention. The order of the District Magistrate, however, was not approved by the State Government and the petitioner was directed to be released in respect of his detention under the Act. The petitioner thereafter moved the Sessions Judge for bail and was directed on March 2, 1972 to be released on his executing a bail bond of Rs. 50,000/-. The bail bond furnished by him was accepted by the Sessions Court on March 14, 1972, on which date the petitioner was released from jail. On March 28, 1972, a fresh order of detention was passed by the District Magistrate, Gurdaspur; which order was approved by the State Government on April 4, 1972. It is alleged that from March 14, 1972 to February 12, 1973 the petitioner did not appear before the Court in spite of repeated directions and undertakings given by his counsel. His application for exemption from appearance was refused and thereafter on August 17, 1972 an application was made for taking action against him under S. 7 of the Act. On February 6, 1973 the detenu was declared a proclaimed offender. On March 12, 1973 he was arrested in Delhi and produced before a Delhi Magistrate who granted a transit remand for being produced before the Court at Batala and was accordingly produced before him on March l4, l973. On March 15, 1973, the detention order dated March 28, 1972, was served on him. Representations made by him were rejected by the Government on April 10, 1973, and finally on April 30, 1973, his detention was approved by the Advisory Board. The State Government confirmed the order of detention.

(2.) The contentions urged before us are better appreciated by a perusal of the grounds of detention. These are.

(3.) It was first contended that as no return was filed by the State Government, the petitioner is entitled to be set at liberty under Rule 5 of O. XXXV of the Supreme Court Rules; secondly, there is no nexus between the object of the order of detention and the grounds of detention; thirdly, a perusal of the grounds of detention will disclose that the order is really made under S. 3 (1) (a) (i) of the Act and not under Section 3 (1) (a) (ii) under which it is purported to be made, inasmuch as the acts alleged against the detenu would justify an order being made to prevent him from acting in any manner prejudicial to the Defence of India and cannot justify an order against him from acting in any manner prejudicial to the security of the State or the maintenance of public order. Finally, it was urged that since the grounds which formed the basis of the order of detention served on him on November 19, 1971 (hereinafter referred to as the first order) are identical with the grounds for detaining him under the impugned order, the impugned order is bad and his detention illegal.