HAR SWARUP Vs. COMMR OF POLICE

JUDGEMENT

(1.) In pursuance of an order dt. 13th June, 1986 passed under sub-sec. (2) of S. 3 of the National Security Act, 1980 by the Commissioner of Police, Delhi, Mr. V. P. Marwah, the petitioner was detained on 17th June, 1986. The detention order was passed with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order.

(2.) Before I take up for consideration the contentions raised in the petition, it is necessary to give some relevant details in respect of the incident, which in fact are reproduced in the grounds of detention.

(3.) On 12th June, 1986, one Som Nath, son of Gurdial Singh, resident of CP-72, Pritampura, Delhi, made a report to police station, Saraswati Vihar that on the night between 9-10th June, 1986 he landed at Palam Airport on his arrival from Ahmedabad. From Palam Airport he got a bus and went to Connaught Place where he hired a three-wheeler scooter in order to go to his residence. When the scooter reached near Kanhya Nagar he was stopped by two police personnel (with detenu and his co-detenu) on a motor cycle. The detenu and his co-detenu are alleged to have searched his brief-case in which he was carrying a sum of Rs. 70,000/- and they asked the complainant to accompany them to police station. After this the detenu sat in the three-wheeler scooter with the complainant and his co-detenu, Jai Narain constable who was driving the motor cycle followed them. When the scooter reached Wazirpur Depot on Road No. 41, the detenu and his co-detenu got the scooter stopped and reached the scooter driver after making the complainant to pay Rs. 40/-. to the scooter driver. Thereafter, they took the complainant to the District Park where they robbed him of Rs. 70,000/-.