HARJONE SINGH ALIAS JONA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India relates to quashment of impugned order of detention bearing No. 546-214-111 (NSA)-88/13970 dated 5th July, 1988 as well as confirmation order No. 546-2H-III (NSA)-88/6408 dated 21-12-1988 passed under section 3 read with Section 12(1) of the National Security Act and read with Section 14-A of the National Security Act, 1980 as amended upto date and for release of the detenu.

(2.) IN brief the unlawful activities prejudicial to the maintenance of the public order of State attributed to the detenu in the grounds of detention are that on 29-5-1986, the detenu along with his associate Gurmit Lal alias Sodhi signalled Bhag Singh and his son Surjit Singh, who were coming on a scooter to stop with intent to snatch that scooter. The rider of that scooter did not stop. The detenu fired a pistol shot hitting Surjit Singh on his right shoulder. On the alarm raised by Bhag Singh the detenu and his associate ran away. In this connection FIR No. 169 dtd. 29-5-86 under Section 307 IPC and under Section 25 of the Arms Act was registered at Police Station Sadar, Jalandhar.

(3.) DURING the investigation of case relating to FIR No. 152 dated 2-6-1987 under Section 302/307 of the IPC, under Section 415 of the Explosive Substances Act and under Section 3/4 of the Terrorists and Disruptive Activities (Prevention) Act of Police Station Division No. 4, Jalandhar, it came to light that the detenu, his brother Manjit Singh and their father Gian Singh had given shelter and aid to the extremists. In this connection FIR No. 218 dated 12-6-1987 under Sections 212/216-A of the IPC and under Section 4/5 of the Explosive Substances Act was registered at Police Station Sadar, Jalandhar. The detenu was arrested in the said case on 4-3-1988.