GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition the petitioner challenges the validity of the detention order dated 28-9-1989 Annexure P-1passed by the District Magistrate, Gurdaspur, u/S.3(2) read with S.3(3) of the National Security Act, 1980 (as amended upto date). The above referred order was served upon the detenu on the same day along with the grounds of detention.

(2.) The brief re'sume'of relevant facts as given in the grounds of detention are that on 20-5-1988, some bomb explosions took place in the area of Police Stations City and Sadar Pathankot resulting in the death of some persons and injuries to some others. A case for offences u/Ss.302/307 of the IPC and u/Ss.4/5 of the Explosive Substances Act as also u/Ss.3/4 of the Terrorist and Disruptive Activities (Prevention) Act was registered vide FIR No. 89 of 1988 at Police Station City Pathankot. In that case the petitioner was arrested on 23-12-1988 and during interrogation he admitted his involvement in the aforesaid bomb explosions. It is further maintained that Shri Janak Raj, Sub Inspector of CID/CES, Pathankot, gave a source report on 10-7-1989 that the aforesaid bomb explosions were caused by the detenu. This Sub Inspector also reported that the detenu instigated the persons who came to meet him in the jail to commit offences against the Government and that the detenu propagated the idea of Khalistan. The report further shows that the detenu have relations with Harjinder Singh alias Jinda and Harjit Singh alias Hira and persuades them to cause bomb explosions to take revenge of the blue star operation and that Khalistan is to be formed in all eventualities. The source report further reveals that the detenu had been supplying the weapons to extremists and indulging in instigating persons who visited him to go to Pakistan for procuring arms and ammunitions in order to create disturbances by killing the people in Punjab and other provinces.

(3.) The petitioner has challenged his detention only on three grounds. The first is that there is no nexus between the alleged activity and the order of detention which was passed about 1 year and 3 months after the incident of bomb explosions. The second attack pertains to the vagueness of the source report contending that it has resulted in debarring the petitioner from his right of effective representation. The third ground pertains to the non-supply of the copy of the source report to the detenu.