RAKSHA PAL SINGH Vs. JAIL SUPERINTENDENT RAMPUR

JUDGEMENT

(1.) By this petition under Article 216 of the Constitution of India, Raksha Pal Singh petitioner questions the validity of his continued detention by the order dated 19/2/1984 of the District Magistrate, Rampur, passed under Section 3(2) of the National Security Act of 1980 (hereinafter referred to as the Act).

(2.) The petitioner is a resident of village Arsal Parsal, PS Swar, district Rampur. In a report lodged at PS Swar on 4/2/19184 (registered as Crime case No.8 of 1984), the petitioner and others are accused of baying committed murders of two brothers Suba Singh and Balvinder Singh with firearms. On 14/2/1984, the petitioner surrendered in the court in that case. On 19.2.1984 the District Magistrate passed the impugned order which was served on the petitioner in jail and a copy of which was also forwarded by the District Magistrate to the State Government. On 28.2 1984, the State Govt. accorded its approval to the same. On the same day i.e. on 28.2.1984, the State Government, submitted its report also to the Central Government. On 1.3.19M however, the petitioner demanded the material from the District Magistrate on the basis of which the impugned order was passed. On 1.3.1984 the petitioner was informed that no further materials other than those already furnished to him were to be furnished by the District Magistrate.

(3.) On 4.3.1984 the petitioner made a representation against his detention which was forwarded to the State Government by the District Magistrate on 5.3. 1984 along with his comments. On 7.3.1984 this representation of the Petitioner and the comments of the District Magistrate were placed before the advisory Board. The Advisory Board considered the representation of the petitioner after giving a hearing to him on 3.4.1984. In the meantime i.e., On 20.3.1984 the Chief Minister had rejected the representation of the petitioner. The State Government again examined the matter in the light of the opinion of the Advisory board and confirmed the order of the detention of the petitioner by an order dated .12.4.1984.