SARBJIT SINGH Vs. VIJAY KARAN COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition challenges the 'preventive' detention of the petitioner and is directed against the order of detention dated 7.12,89 passed by respondent No. 1; under Sub-section 2 of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act'). The impugned order was passed with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order The detention order was approved under Section 3 of the Act by the Administrator of Delhi on 18.12.89 in exercise of powers under Section 3(4) of the Act The order of detention was served on the petitioner on 13.3.90. This writ petition was filed as the representation of the petitioner to the Advisory Board under the Act failed. A writ in the nature of habeas corpus tor the production of the petitioner has been sought, it has been prayed in the petition that the order of detention be quashed. An order of release of the petitioner setting him at liberty is also sought.

(2.) . At the time of the order of detension; the petitioner was aged about 24 years. He was a Naik in the Border Security Force, Delhi and was under suspension since 9 8-86. His father is a Head Constable in the Police. His only sister is also a Sub Inspector of Police. He had been residing with his father in Quarter No 12, Police Station. Sadar Bazar, Delhi. In the grounds of detention he has been described as a 'bad character of Bundle 'A' of Police Station Sadar Bazar, Delhi"; that is to say he is a 'history sheeter'. It has also been referred/noticed in the said grounds that he indulges in acts of violence, house trespass, criminal intimidation, attempt to murder, robbery, riots and offences punishable under the Arms Act. His previous involvements in various alleged criminal acts in the years 1986 and 1987 have also been referred to the offences for which be is charged; which are pending trial; have been mentioned. Thereafter his criminal activities during the two years prior to the impugned order, which from the ground of detention, have been set out in detail Three such incidents are of the year 1988 and four are of 1989 as have been enumerated in the grounds of detention on which the impdgned order is based.

(3.) . The aforesaid activities are incidents that occured on 11-5 88, 27-6-88. 14-11-88, 14-4-89 and 22-8-89. Apart from those, the petitioner was also found to be in possession of a 32 bore stolen revolver during the course of investigations pursuant to a report by one Shri Om Parkash made on 17-5-89. Again on 26-8-89 the petitioner was apprehended and a 32 bore revolver of Smith and Wesson make, loaded with 6 cartridges, was recovered from him On the basis of these incidents it has been mentioned in the grounds of detention that it was evident that the petitioner was a dangerous and desperate criminal and that he hires himself out to persons who wish to terrorise other people it is also written in the grounds that his activities proved to be a menace to public at large The order and grounds of detention were served upon the petitioner alongwith the annexures mentioned therein on 13-3-90 as noticed above.