RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Rachhpal Singh claiming himself to be a student of Khalsa College, Amritsar, and detained in Central Jail, Amritsar, as under -trial for committing certain criminal offences, has impugned order, annexure P -1 dated 12.5.1983, passed by the District Magistrate, Amritsar, at a time when he was already in jail custody, on the ground that the detaining authority did not apply its mind to the relevant facts before passing the impugned order.

(2.) THE District Magistrate in his affidavit by way of reply to the petition denied the assertion that the detention order had been pased without due application of mind. Alongwith the written statement, following order dated 12.5.1983 has also been filed as annexure R.1, which is in the following terms

(3.) THE grounds of detention that Section 8 of the Act envisages supplying to a detenu do not refer in this case to any activity whatsoever much less one which could be considered to be prejudicial to the maintenance of public order, as would be clear from the grounds, annexure P -2, supplied to the petitioner, material portion whereof is in the following terms :