LAWS(P&H)-1990-8-76

PARAMJIT SINGH ALIAS PAMMA Vs. STATE OF PUNJAB

Decided On August 30, 1990
Paramjit Singh Alias Pamma Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India relates to quashment of impugned order of detention under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as the Act) (Annexure P/1) passed by Dist. Magistrate, respondent No. 2 on 16-1-1989 and confirmed by the President of India vide order dated 9-1-1990, copy whereof is Annexure P/3.

(2.) IN brief, unlawful activities prejudicial to the security of State and maintenance of public order attributed to the detenu in the grounds of detention, are, that on 13-3-1989 at about 8.50 P.M., Paramjit Singh alias Pamma detenu along with his associate Ravinder Singh alias Laddi came on a scooter, in the area of Barnala where Inspector Inderjit Singh of C.I.A. Staff Gurdaspur, along with other police officials and officials of B.S.F. was holding a Naka. When the detenu and his associate were signalled to stop, they threw the scooter and started firing on the police party which also returned the fire in safe-defence. The detenu got a bullet injury and was apprehended at the spot and from his personal search one 12 bore DBBL gun was recovered. On unloading the said gun, two cartridges of 12 bore were recovered and from further search 2 live cartridges of 12 bore were recovered from right pocket of his pant. In respect of the said incident, a case under Section 307/34 IPC and under Section 25 of the Arms Act as well as under sections 3/4/5 TDA (P) Act, was registered against the detenu on the same day vide FIR No. 50 registered at Police Station Sadar, Gurdaspur. During investigation of the said case, the detenu disclosed that in the year 1984, he was working as a constable in Bihar police. He came to Punjab along with Shri Sital Dass, Superintendent of Police, in the year 1983. In February, 1984, the detenu resigned from the police and after Operation Blue Star, he formed his own gang and prepared a scheme to kill the Hindus. After some time detenu along with others killed Sharkaji Lal in village Bharath as the latter had distributed Ladoos at the time of Operation Blue Star. The detenu also admitted that in March, 1986, he along with Gurmej Singh alias Geja and Makhan Singh Chhit killed Tarsem Lal near Sugar Mill, Batala; in July, 1987 the detenu snatched a rifle from village Sirkian and killed two Hindus at Sahewal at the Flour Mill. The detenu further admitted that in December, 1987, he killed Master Harbhajan Singh Tugalwala After conspiring with Ravinder Singh the detenu wrote a letter to Dr. Madhu of Gurdaspur and in order to extort money the detenu and Ravinder Singh telephoned him. The detenu further admitted that on 6-3-1989 he along with his associate Ravinder Singh committed theft of scooter No PAG 8258 Bajaj Chetak, at Athwal and that scooter was recovered from the spot by the police in the aforesaid criminal case (concerning exchange of firing with the police). He also confessed that 12 bore DBBL gun recovered from him, belonging to one Ajit Singh of village Kala Bala had been stolen by him on 7-12-1989 and a case under Section 302/452/34 IPC and under Section 25/54/59 of the Arms Act was registered against him at Police Station, Kahnuwan and the trial of the case was still pending. It was further alleged that Bakhshish Singh Security Agent of Police Station Kahnuwan, gave a source report that many associates of extremists met the detenu and Ravinder Singh and at that time the detenu was instigating them that when he would come out of the jail then he along with Sikh youths including Jagraj Singh alias Toofan Singh resident of Khudi Cheema, Harjinder Singh alias Jinda resident of Butter Kalal, Police Station Qadian, Amrik Singh resident of Harchowal Police Station Sri Hargobindpur, Dalwinder Singh, Member Panthic Committee resident of Dalam Nangal, Police Station, Dera Baba Nanak would continue their struggle against the Government for achieving Khalistan by activating that movement, and that the detenu would recruit more persons and purchase more weapons for this purpose.

(3.) THE detenu has challenged the validity of the impugned order of detention on the ground of non-application of mind by the detaining authority at the time of passing of the impugned order of detention; that the allegations in para No. 2 of the impugned detention order that in the prevailing surcharged atmosphere in the State, successful prosecution in two criminal cases registered against the petitioner (i.e. FIR No. 50 dated 13-3-1989 under Section 307/34 IPC under Section 25/5/59 Arms Act, 3/4/5 TDA (P) Act, Police Station Sadar : Gurdaspur and FIR No. 117 dated 7-12-1988 under section 302/457/34 IPC P.S. Kahnuwan) may not be possible are vague and groundless; that confession of the detenu during the investigation of the first case with regard to two more criminal cases one concerning the Arms Act and the other concerning theft of the scooter cannot be legally relied upon; that even though the detenu was granted bail by the Designated Court on 12th August, 1989 no steps were taken by the State to get the bail order reversed in the higher Court and as such there was no valid ground to detain the detenu; that the aforesaid bail order was never placed before the detaining authority before passing of the impugned order of detention. It was further pleaded that the allegations in the source report that some terrorists had met the detenu while the latter was in jail is palpably false, and without any basis, and on the face of it each ground relied upon by the detaining authority does not indicate that there is any danger to the maintenance of public order, or, security of the State and that there is no material on the record to establish that the detenu is a terrorist, or he is involved in any terrorist activity.