SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Sohan Singh son of Shri Dalip Singh resident of village Ghurka, Police Station Sarhali, District Amritsar was detained in pursuance of detention order dated 26th of September 1989 Annexure P1, passed by the District Magistrate Amritsar under Section 3(2) read with Section 3(3) of National Security Act, 1980. The petitioner has challenged the order of his detention in this writ petition mainly on the ground that he was already in custody when this order was passed and there was no ground to detain him under the National Security Act.

(2.) The petitioner was arrested on 20-8-1989 in case F.I.R. No. 130 dated the 15th of August 1989 under Sections 392 I.P.C. 25/54/59 of the Arms Act and 3/4/5 of the T.D.A. Act. While the petitioner was in jail, the District Magistrate Amritsar passed the detention order.

(3.) The petitioner had been ordered to be detained on the ground that he had been acting in a manner prejudicial to the Security of State and maintenance of public orders and that he was an active member of the extremist group known as Khalistan Commando Force headed by Gurjan Singh Rajasthani who posed himself as Chief General of the above said force. Another ground for detention of petitioner was that he worked for the creation of Khalisthan on the direction of Gurjant Singh Rajasthani and that he had links with the extremists. These grounds, in the opinion of District Magistrate,' were sufficient to order the detention of petitioner with a view to prevent him from further acting in this manner. It was also mentioned in the detention order that due to insufficiency of evidence the petitioner could be admitted to bail and in the event of his liberty there was every likelihood of his again indulging in the prejudicial activities and, thus, there was compelling necessity to pass the detention order against him.