JABBAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has come to this Court in this criminal writ petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of Habeas Corpus, directing respondent to release him from illegal custody based on the order of detention passed on 31.5.1991, Annexure P 4, by the Under Secretary, Home, Department of Home Affairs and Justice, Government of Punjab.

(2.) THE ground on the basis of which the petitioner was detained may be briefly enumerated from Annexure P-5.

(3.) THE petitioner claims that he has been falsely implicated in the case and his statement had been obtained under coercion which was retracted by him at the first available opportunity. He had then been allowed bail by the Chief Judicial Magistrate, Amritsar on 10.1.1991. There was no allegation of his indulging in "prejudicial activities". The order of detention was passed on 31.5.1919, but served on him on 9.1.1992. The petitioner, being on bail, had been attending the Court on each date until he was detained on 8.1.1992. The detention order could not be passed with a punitive purpose.