BALKAR SINGH Vs. SECRETARY TO GOVERNMENT PUNJAB

JUDGEMENT

(1.) ON grounds mentioned in Annexure P1/A detenu petitioner Balkar Singh was ordered to be detained vide order Annexure R1 dated 30th August, 1989. After obtaining the advice of Advisory Board, his preventive detention for a period of two years from 23rd December, 1989, the date of apprehension and arrest, was confirmed vide order Annexure P2 dated 29th May, 1940. Detenu Balkar Singh has filed Cr. WP No. 2123 of 1990 for quashing his detention on the grounds that there was want of application of mind by the detaining authority to the facts and circumstances of the present case while making the detention order which was, therefore, not based on its subjective satisfaction, that there was no proximity between the grounds of detention and the order of detention because the grounds relate to November, 1988 and the order of detention was passed 10 months later on 30th August 1989, that the representation of the petitioner made on 21st July, 1990 was declined after inordinate delay on 6th September, 1990, that the detenu petitioner was already on bail with effect from 12th August, 1989 much before the date of detention order and that the petitioner was actually detained on 23rd December, 89 nearly 3 months and 21 days after the making of detention order against him on 30th August, 1989.

(2.) IT was conceded in reply that the petitioner was already on bail with effect from 12th August, 1989 before the making of the detention order against him on 30th August, 1989, that the detention order was made by the detaining authority on applying its mind whole-heartedly to the facts and circumstances of the case and on its subjective satisfaction, that there was close nexus between the prejudicial activity attributed to the petitioner and the impugned order of detention and that the representation of the petitioner was dealt with, with utmost expedition at various levels.

(3.) ALL the four submissions urged for assailing the legality of the detention order Annexure P1 are being dismissed hereinafter ad seriatum