JAGMOHAN MOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Jagmohan Mohar Singh, aged about 38 years is kept under detention under Section 3(2) of the National Security Act, 1980 (hereinafter called the Act) with a view to preventing him from acting in any manner prejudicial to the maintenance of Public Order.

(2.) The above said order was passed by the Commissioner of Police (in short C.P.) on 20th August,2000 pursuance to the delegation of powers to him vide Government of the National Capital Territory of Delhi's order dated 11/07/2000. The order of the C.P. dated 20th August,2000 was approved by the Lt.Governor, the approving authority vide order dated 30/08/2000. Representation made by the petitioner dated 22/09/2000 was rejected by the Central Government on 26/09/2000. It was conveyed to the petitioner vide Central Government's letter dated 29/09/2000. Representation of the petitioner was rejected by the Lt.Governor on 16/10/2000.

(3.) The detention order has been assailed primarily on the following counts namely (i) Delay in disposal of his representation, (ii) All relevant documents not. placed before the Advisory Board. His brother Jai Chand was also detained. His release order was not placed before the Advisory Board nor the Bail application and the order was placed before the appropriate Authority. This vitiates the detention, (iii) Petitioner has been acquitted in regular trial by courts. This aspect was not looked into by the detaining Authority, (iv) Documents, in Hindi, the language known to petitioner, were not supplied, (v) Reliance on criminal case was misplaced because those were stale and reliance on DD enteries could not be done because those were vague, imprecise. He was thus denied making effective representation, (vi) Suppression of material and vital facts effecting the detention order, (vii) Case against him being false and the grounds non-existent, (viii) finally grounds do not relate to public order. The allegations made against him only relate to law and order and the order passed is punitive in nature.