RAJINDER SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner was detained in terms of order dated 6-3-92 passed by the Commissioner of Police in exercise of powers conferred by sub-section (2) of Section 3 of the National Security Act, 1980 (for short called 'NSA') as delegated to him vide Delhi Administration OrderNo.F.2/l/88-H.P.II dated 16.1.92 (copy of which is at page 22 of the paper book) read with order dated 17-3-92. Pursuant to the said order the petitioner was detained on 7-3-92.

(2.) The petitioner submitted his representation dated 1-4-92 before the Advisory Board consituted under NSA wherein it was prayed that the order of detention being violative of constitutional right of the petitioner be quashed. On the recommendation of the Advisory Board another order dated 5-5-92 was issued whereby the petitioner was directed to be detained for a period of twelve months from the date of his detention i.e. 7-3-92.

(3.) Though the order of detention has been challenged on various grounds mentioned in the writ petition, Mr. Maninder Singh, learned counsel for the petitioner, however, pressed only one contention which according to him is sufficient to quash the order of detention. The learned counsel for the petitioner drew my attention to ground (H) of the writ which reads as under:-