HEM LALL BHANDARI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Shorn of details regarding allegations of mala fides unsupported by acceptable evidence, the only question that falls for consideration in this writ petition is whether the order of detention is liable to be quashed on the ground that the mandatory requirements, contained in S. 8(l) of the National Security Act, 1980 (hereinafter referred to as the 'Act') have not been complied with.

(2.) The facts:The petitioner is one Hem Lall Bhandari residing in Bombay, practising law there. The first respondent is the State of Sikkim through its Home Secretary, the second respondent, the Delhi Administration, Police Department and the third respondent, the Union of India through the Home Secretary. The petitioner states that he had an humble beginning and that he by dint of hard labour qualified himself in law and secured significant success academically. It is alleged that the Chief Minister of Sikkim wanted him to join politics and that he incurred the wrath of the Chief Minister because of his disinclination to accept this suggestion and that the order of detention was passed against him consequently.

(3.) On 29-9-1986, at 10.15 P.M. three officers of the Sikkim Police Service accompanied by two officers of the Bombay Police went to the residence of the petitioner and took him to the office of the C.I.D., Bombay where he was served with a copy of the detention order. He was detained in the police lock-up at the C.I.D. office and his request to contact a lawyer was not granted. He was kept in custody till 5.30 P.M. on 30-9-1986. At 6 P.M. on that day, he was permitted to go to his office to collect some papers. There he contacted Shri T. R. Andhyarujina, Senior Counsel and informed him that he was being taken to the Bombay Airport to be flown by flight IC-183, to Delhi. The Senior Counsel requested the police officers to permit him to approach the Bombay High Court before taking the petitioner to Delhi. This request was not granted. However, he filed a habeas corpus petition for the release of the petitioner in the Bombay High Court on the same day and P. B. Sawant, J. stayed the order of detention as per the following order; at 7.30 P.M.