GURU CHARAN SINGH Vs. SUPERINTENDENT CENTRAL JAIL

JUDGEMENT

(1.) By this Habeas Corpus Petition, the petitioner Guru Charan Singh has challenged the validity of his continued detention on the basis of the detention order passed by the District Magistrate, Varanasi, on 18/10/1984 under section 3 (2) of the National Security Act.

(2.) The petitioner was involved in a case Crime No. 314 of 1984 under sections 147, 148, 149, 307 and 302, I.P.C. of Police Station. Chetganj, district Varanasi. The offence related to an incident committed on 18th September, 1984 at about 9.30 p.m. The petitioner surrendered in the court on 20th September, 1984 and was sent to District Jail, Varanasi. The detention order, which was passed on 18th October, 1984, was served on the petitioner the same day in District Jail, Varanasi. The State Government approved the detention order on 27th October, 1984, and despatched the report to the Central Government together with the grounds on which the order has been made and such other particulars as in the opinion of the State Government, had bearing on the necessity of the order on 29th October, 1984. This report of the State Government was received by the Central Government in the Home Ministry on 9th November, 1984. The matter of the petitioner came before the Advisory Board on 26th November, 1984. On the recommendation of the Advisory Board, the State Government confirmed the detention order on 12th December, 1984.

(3.) The validity of the detention has been challenged on various grounds. Since the petition succeeds on the ground, which we are going to discuss shortly, we do not propose to enter into the other grounds.