YOGINDER MOHAN Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE three petitioners in these petitions (Criminal Original Nos. 249 -M, 15 -M and 16 -M of 1971) under section 491 of the Criminal Procedure Code challenge the validity of the orders of detention passed in respect of each of them by the District Magistrate, Amritsar, under sub -section (2) of section 3 of the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971) hereinafter called the Act. In these petitions the petitioners seek relief for the issue of a writ of habeas corpus and for a direction that they be released from custody.

(2.) THE detenue in Criminal Original No. 249 -M of 1971 was detained on 12th September 1971. Whereas according to the petitioner the order and grounds under section 8(1) of the Act were not served on him till 25th September 1971, according to the respondent the order was served on the date Shri Gokal Chand alias Ganja detenue was detained and that the grounds were served on him on 14th September 1971. The District Magistrate made the necessary report under sub -section (3) of section 3 of the Act to the State Government and the Government on a consideration of the grounds and other material received from the District Magistrate approved the detention of the detenue, Shri Gokal Chand alias Ganja. The approval of the order of detention was then communicated to the detenue vide Annexure 1 dated 23rd September 1971. The order of detention mentioned that it was passed with a view to preventing the detenue from acting in a manner prejudicial to the security of the State and maintenance of public order.

(3.) IN Criminal Original Nos. 15M and 16M of 1972 the petitioners -Gurnam Singh and Ajit Singh were detained on 31st October 1971 by the order of the District Magistrate, Amritsar under section 3(2) of the Act on the grounds mentioned in Annexure A in both the petitions. According to these grounds, the petitioners had been detained to ensure the security of the State and maintenance of public order. On receiving report from the District Magistrate the State Government approved the order of detention issued by the District Magistrate in the case of both these petitioners and by communication dated 28th December 1971, both the petitioners were informed that the Advisory Board had opined that there was sufficient ground for their detention and that in exercise of the powers conferred under section 12(1) of the Act it was also ordered that both these petitioners would continue to be detained for a period of twelve months from the date of detention.