BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of The Constitution of India for the issuance of a writ in the nature of an habeas corpus directing release of the petitioner Bakhshish Singh, who is an officer of the Punjab and Sind Bank, at Amritsar, and is now said to be under unlawful detention Bakhshish Singh, petitioner, is a dedicated follower of Bhoi Randhir Singh, who was a devout Sikh. He performs kirtan, at different places to propagate Sikh faith and by force of habit and conviction he wears the dress of a conventional Sikh, which to a great that extent resembles the wearing apparels of Nihang Sikhs. Bakhshish Singh was implicated as an accused in case FLA No. 89 dated 7th June, 1982, under Section 1.3 of the Unlawful Activities. (Prevention)- Act, registered at Police Station Dhilwan, District Kapurthala. He was served with orders of detention dated 9th August, 1982, passed by the District Magistrate, Kapurthala. under section 3 (2), read with section 3 (3) of the National Security Act, 1990 (for short. 'the Act'). Along with the detention order, the petitioner was supplied with grounds of detention. It was mentioned therein that on the 4th or 5th of June, 1982, Bakhashish and his three named companions incited people present at bust-stop Of Village Niani to become members of 'Dal Khalsa. which is a banned organisation. He also exhorted people to donate liberally for the achievement off a separate State of Khalistan by seceding from the Union of India. Similar exhortations were made by him and his companions at Bus Stop, Batala, on, the 7th of June, 1982.

(2.) THE writ petition first came up for hearing before me. Feeling that the points raised in the writ petition were of some importance, I referred the case for decision by a Larger Bench. That is how this writ petition is before us.

(3.) THE Constitution, in Article 21 and in other Articles of Part III, has attempted to strike a balance between individual liberty and the general interest of the Society. The power of preventive detention was acquiesced in as a necessary evil. However, certain fundamental rights were guaranteed in clauses (4) to (7) of Article 22 of the Constitution to persons arrested or detained, under arty law for preventive detention, without a regular judicial trial or inquiry. The power of preventive detention has been hedged by diverse procedural safe-guards devised to minimise, as far as possible, the danger of its misuse by the executive. And, to highlight their importance, Article 22 has been placed in Part III of the Constitution, which enshrines fundamental rights.