DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed by Shri Darshan Singh challenging the order of detention of his father Shri Jai Inder Singh, who is a prominent member of the Punjab Congress.

(2.) ON November 1, 1974, the detenu was arrested under orders of the District Magistrate, Amritsar, passed by him in exercise of the powers vested in him under the Maintenance of Internal Security Act, 1971, as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974, and Clause (c) of Sub -section (6) of Section 6 of the Defence of India Act, 1971. The grounds of detention were served upon him on November 3, 1974. The order of detention was challenged in this Court in Criminal Writ Petition No. 216 of 1974. In the meantime, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act), was passed by the Parliament of India. The earlier order of detention of the petitioner lapsed on December 19, 1974. Thereafter, the petitioner was served with new grounds of detention on December 23, 1974.

(3.) THE grounds read as under: