STATE OF RAJASTHAN Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The respondent, an advocate, was ordered to be detained by the Government of Rajasthan under S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), on August 14, 1984, and he was actually taken into custody and detained on the following day. The grounds of detention were supplied to him when he was detained. Respondent challenged his detention before the Rajasthan High Court by filing two applications under Art. 226 of the Constitution on several grounds. Both the writ applications were clubbed and heard together and disposed of by a common judgment. The High Court found that the representation of the detenu-respondent had not been placed before the Advisory Board within three weeks as required by S. 10 of the Act and such violation vitiated the continued detention of the respondent. It also found that the Advisory Board had not considered the documentary evidence produced by the detenu and the opinion formed by the Board that the respondent should be detained was, therefore, not an appropriate one. The court took the view that the materials in the record which had been considered by the Advisory Board in formulating its recommendation to the State Government had not been transmitted to the Government and the same was not available before the State Government when it made the order of confirmation. The Court was also of the further view that the contents of the intelligence reports referred to in the grounds of detention had not been supplied to the detenu and he had, therefore, been deprived of the opportunity of making an effective representation against his detention. On these findings the High Court held that the detention of the respondent cannot be upheld and the order of detention dated August 14, 1984, and the subsequent order dated October 22. 1984, directing him to be detained for one year be quashed. The court, further directed:

(2.) This Court granted special leave to appeal against the judgment of the High Court by its order dated January 18, 1985. In the meantime, the High Court had suspended the operation of its order till January, 21, 1985, and while granting special leave, this Court stayed operation of the judgment.

(3.) Learned Advocate-General of the appellant State appearing in support of the appeal maintained that each of the four grounds accepted by the High Court in quashing the detention is wrong and not sustainable as a ground for such quashing while Mr. Jethmalani appearing for the. respondent supported the reasonings and the ultimate conclusion of the High Court. We have already stated that the High Court formulated the reasons for its order in the shape of four conclusions and we propose to deal with them seriatim for convenience.