SURINDER BHARDWAJ Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Chandigarh-the City Beautiful was declared as 'Disturbed Area' vide Notification dated 2.12.1986 (Annexure P-1) and the use of Armed Forces in aid of the Civil power was permitted, it was done so taking note of the disturbed and dangerous situation existing at that time. In the same fashion, vide Notification dated 5.12.1991 (Annexure P-2), exercising powers under Section 3 of the Chandigarh Disturbed Areas Act, 1983 (in short 'the Act'), whole of the Union Territory of Chandigarh was declared as 'Disturbed Area' and vide another Notification of the even date by exercising powers under Section 20 of Code of Criminal Procedure, 1973, some officers were designated as Executive Magistrates to meet the requirement of the Act. The present petition has been filed averring that at present no such condition is prevailing in the Union Territory, Chandigarh, on the basis of which declaration made by aforesaid notifications declaring Chandigarh as 'Disturbed Area', ought to be allowed to continue, therefore, a prayer has been made by the petitioner to quash the above mentioned notifications.

(2.) It is contended by counsel for the petitioner that the above said notifications were issued on account of disturbed condition existing in the State of Punjab at that time which had its percolating effect on the adjoining areas and, thus, Union Territory, Chandigarh was also declared as 'Disturbed Area' being Capital of the State.

(3.) Before proceeding further, it is necessary to make a mention here that Mr. Alok Jain, Addl. AG, Punjab, on our asking has informed this Court that so far as the State of Punjab is concerned, vide Notification dated 16.11.1996 whole of the State of Punjab was declared as 'Disturbed Area' for a period of six months only i.e. from 18.11.1996 to 17.5.1997. Prior to this notification, another specific notification was issued on 9.3.1989 vide which 3 districts of the State of Punjab i.e. Amritsar, Gurdaspur and Ferozepur were declared as 'Disturbed Areas' and that notification was also withdrawn on 28.7.2008. Thus, it is evident that after July 2008, no part of the State of Punjab is notified as 'Disturbed Area' either under the Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983 or under the Punjab Disturbed Areas Act, 1983.