RAJINDER SINGH ALIAS RAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Rajinder Singh @Raju, was placed under detention in pursuance to an order of detention pasted by the Commissioner of Police, Delhi on 13th May, 1988 in exercise of the power conferred by subsection (2) of Section 3 of the National Security Act, 1980 (for short 'the Act') with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. This order was confirmed as required by the provisions of section 3(4) of the Act by the Administrator of Delhi on 24th May, 1988.

(2.) The facts, as set out in the writ petition, reveal that the petitioner was already in judicial custody and lodged in Tihar Jail when this order of detention was passed. While he was in judicial custody, the order of approval passed on 24th May, 1988 by the Administrator was served upon him through Superintendent, Central Jail, Tihar, on 26th May, 1988. However, the Administration realised the mistake and instructed the Superintendent Jail to withdraw the approval order. Accordingly the jail authorities directed the petitioner on 17th June, 1988 to hand back the approval order and the accompanying documents to then),

(3.) The petitioner alleges that thereafter he sought clarification through an advocate by letter dated 23rd June, 1988 as to the jurisdiction of the jail authorities to first serve an order and then withdraw the same and that instead of admitting the irregularity committed, the Delhi Administration served a detention order purported to have been passed on 13th May, 1988 on the petitioner on 25th June, 1988 again through jail authorities and immediately after that order of approval was again served on him and thereafter the order of confirmation passed on 9th August. 1988 directing that the detenu shall be detained for a period of 12 months effective from the date of detention which was taken to be 25th June, 1988.