VEERSASINGH LAKHASINGH AULAK Vs. DISTRICT MAGISTRATE NANDED

JUDGEMENT

(1.) The petitioner Veersasing Lakhasing Aulak was detained by order dated 19-10-1985 passed by the District Magistrate, Nanded, respondent No. 1 under section 3(2) of the National Security Act, 1980, hereinafter referred to as the "Act" in order to prevent him from acting prejudicial to the maintenance of public order. His representation was also rejected by the State Government, respondent No. 2 on 18-12-1985. Both these orders are impugned in this petition.

(2.) The main ground made out for the order of detention was that a secret meeting was held on 15-9-1985 at Langar Saheb Gurudwara, Nanded where it was conspired and decided to murder the President of the Gurudwara Board, Sarder Laddusingh Mahajan, Secretary Sardar Gulabsingh Khandarwale and Member-Sardar Amrikhsingh Kumar by taking an opportunity during the Dassera Festival. The conspiracy was hatched because Sardar Gulabsingh and Sardar Amrikhsingh had gone to Delhi to congratulate the Prime Minister of India for having signed the Punjab accord. The report of the secret meeting was given by an informer, whose name is not disclosed. The information was from a regular source from a person who has been deputed to inform about the activities of Sikhs in and around the Gurudwara. According to the informers report, the meeting was attended by 15 persons secretly and inflamatory speeches were given in this meeting. The names of 15 persons who have participated in the meeting were also supplied.

(3.) It was further alleged that thereafter a closer watch was kept on the activities of the Sikha in Langar Saheb Gurudwara, Nanded. The measure included the posting of Police Constable No. 943, Shri Sangle. He is said to have further reported that another meeting was held on 17-9-1985 at 6 p.m. in Langar Saheb Gurudwara. A report of the third meeting held on 19-9-85 at the same time and place is also made by the said Police Constable. According to this report, the persons who attended the secret meeting on 15-9-1985 also attended the subsequent meetings on 17-9-85 and 19-9-1985. As to what transpired on 17-9-85 and 19-9-1985 is not disclosed in the report.