RAVINDER SINGH ALIAS LADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition, Ravinder Singh, detenu, craves for the quashment of the order of his detention Annexure P-1 dated 25-9-1989 of District Magistrate, Gurdaspur, whereby he was ordered to be detained under Section 3, Sub-section (2) read with Section 3, Sub-section (3) of the National Security Act (for short called 'the Act') with a view to prevent him from indulging in activities prejudicial to the maintenance of public order and security of the State. The detenu was already in custody in proceedings under Section 108/151 of the Code of Criminal Procedure (for short called 'the Code' ). The detention order along with the grounds of detention Annexure P-2 was served upon the detenu on the same date, that is, 25-9-1989.

(2.) THE brief rsum of facts relevant for the disposal of this writ petition is that on 13-3-1989, Inspector Inderjit Singh of C. I. A. Staff Gurdaspur along with other Police Officials and Officials of the Border Security Force was holding a Nakabandi in the area of Barnala. At about 8. 50 p. m. Ravinder Singh detenu along with one Paramjit Singh came on a scooter. They were signaled to stop, upon which the detenu threw away the scooter and started firing at the police party. The police party also fired in return, which resulted in injuring the companion of the petitioner. Both these persons were apprehended at the spot. The petitioner was found carrying a. 12 bore pistol containing one empty cartridge in his chamber. Further search of the petitioner petitioner yielded the recovery of the live cartridge from the right pocket of his pants. A case under Section 307/34 of the Indian Penal Code and under Section 25 of the Arms Act read with Sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act was got registered against the petitioner and his companion at Police Station Sadar Gurdaspur vide F. I. R. No. 50 of 1989. In that case, the petitioner was released on bail on 12-8-1989. The petitioner during interrogation in that case admitted having entered into conspiracy with Paramjit Singh and wrote a letter on the pad of Khalistan Commando Force to Dr. Madhu of Gurdaspur in order to extort money and they also sent a message on telephone to aforesaid Dr. Madhu. He also admitted having committed a theft of scooter on 6-3-1989, in the area of village Athwal, and that the scooter which they were driving at the time of their apprehension was the same. It is also maintained that during his judicial custody in the above referred case, vide source report given by Bakshish Singh, Security Agent of Police Station Kahnuwan, many associates of extremists met the petitioner and aforesaid Paramjit Singh in jail and apprised them that when they will come out, they will meet some Sikh youths including Jagraj Singh, Harjinder Singh, Amrik Singh and Dalwinder Singh, who were struggling with the Government for the achievement of Khalistan and they will plan to recruit some more persons and purchase weapons so that Khalistan could be formed. They also instructed those persons to instigate other persons for the achievement of Khalistan. It is further alleged that on 22-8-1989, the petitioner was found addressing some persons at Bus Stand Kahnuwan to the effect that he will not allow this: Government to remain and will form his own Government in Punjab. The petitioner was then apprehended by ASI Charan Singh in proceedings under Sections 108/151 of the Code. On such like allegations the District Magistrate, Gurdaspur, has passed the above referred order of detention.

(3.) IN the writ petition, the petitioner challenges the validity of the order of detention on the ground of non-application of mind by the detaining authority contending that the order of the trial Court granting bail to the petitioner in the parent case on the basis of the father and wife of the detenu having sent telegram to the higher authorities that the detenu was apprehended by the police since 6-3-1989 was not placed before the detaining authority. It was also maintained that the detaining authority did not apply its mind to the allegations in the source report and regarding the improbable version of the detenu having delivered the speech in the presence of police officials at Bus Stand Kahnuwan. It is also maintained that the petitioner was apprehended by the police just after his release from the jail on 12-8-1989 and kept in illegal custody till his arrest was shown on 22-8-1989 in proceedings under Sections 108/151 of the Code.