SATBIR SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) SATBIR Singh petitioner has been detained under section 3(2) of the National Security Act, 1980, (hereinafter the Act, by District Magistrate, Ambala, vide order dated June 12, 1984, (P 1). He has been supplied the grounds of his detention dated June 16, 1984, (P.2) in terms of section 3(4) of the Act read with clause (5) of Article 22 of the Constitution. In the present Habeas Corpus Petition, the petitioner has prayed that P. 1 be quashed being illegal and void and that he be set at liberty.

(2.) THE learned counsel for the petitioner has argued that apart from grounds Nos. 1 and 3 being vague, the petitioner has only been supplied the grounds of detention (P 2) and not the material taken into consideration by the detaining authority on the basis of which the grounds have been framed. The omission on the part of the detaining authority to supply the material to the petitioner has rendered his detention illegal and void. Reliance has been placed on Khudiram Das v. The State of West Bangal and others, AIR 1975 SC 550 and Ibrahim Ahmad Batti v. State of Gujarat and others AIR 1982 SC 1500.

(3.) IT is, therefore, clear that nothing less than all the basic facts and materials which influenced the detaining authority in making the order of detention must be communicated to the detenu."