GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AN order of detention, Annexure P-1, dated March 18, 1988, under Section 3(2) read with section 3 and 14-A of the National Security Act, 1980, passed by the District Magistrate, Amritsar, was served on the petitioner who was already in judicial custody in connection with a criminal case registered against him. Along with the detention order, detailed grounds, Annexure P-2, were also served on the detenu. In the grounds, it was mentioned that the petitioner was an active member of Bhindranwale Tiger Force and for the establishment of Khalistan he believed in the migration of Hindu from Punjab and the petitioner's activities were thus prejudicial to the security of the State and maintenance of public order. In particular, it was stated that on August 18, 1987 at about 11 p.m., the petitioner alongwith two other persons named therein, went armed to the Behak of one Amar Singh in the area of village Ghariala, Police Station Valtoha, confined said Amar Singh, his wife, and his sister in a room of the cattle shed and forcibly took away his licensed 12 bore SBBL gun. The petitioner also threatened Amar Singh and other members of his family not to report the matter to the police on pain of dire consequences. A case FIR No. 96 dated August 21, 1987, under Sections 382/148/149, Indian Penal Code and 25 of the Arms Act and sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, was registered against them in P.S. Valtoha. Later on, an offence under section 392 Indian Penal Code, was also added. During investigation of the case, the aforesaid licensed gun was, recovered from the petitioner on August 3, 1087.

(2.) IT was also stated that on August 31, 1987, SHO, PS Valtoha, was holding a nakabandi at a bridge of a canal distributary in the area of village Valtoha. At about 11 p.m. the petitioner armed with 12 bore SBBL gun along with one another person who was also similarly armed, were seen coming along with the canal bank. The petitioner and his companion were signalled to stop with a torch light by the police party, upon which the petitioner and his companion opened fire on the police party. The fire was returned and in the occurrence the petitioner his and companion were arrested at the spot and the aforesaid SBBL gun, which was the licensed gun of Amar Singh mentioned in the earlier incident, was recovered. In this connection a case FIR No. 101 dated August 31, 1987 under Section 307/34, Indian Penal Code, and Section 34 of the T.D.A.P. Act was registered at P.S. Valtoha, which was under investigation at the time of the aforesaid detention order. Both the petitioner as well as his companion on being interrogated by the police during investigation confessed to their complicity in the two occurrences mentioned above.

(3.) RETURN has been filed by way of affidavit of Shri S.K. Bhalla, Under Secretary to Government, Punjab, Department of Home Affairs. It was stated that the order of detention had been passed with due application of mind and that there was no avoidable delay at any stage. Detailed explanation in this behalf was offered.