SADA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India for issuance of appropriate directions quashing the order of detention dated 16.1.1986 passed against the petitioners by the Under Secretary, Punjab under Section 3 of the COFEPOSA Act (hereinafter referred to as 'the Act').

(2.) THE facts as are on record that the petitioner is a citizen of India and is living in village Kohali. According to the petitioner he had been Sarpanch of the village till January, 1993 for about 14 years and was performing his duties regularly in that village but might have temporarily shifted during the peak of terrorism in the State. The petitioner submits that he has been the Director of Land Mortgage Bank, Ajnala. He claims to be a person fairly involved in political, agricultural and financial activities and completely disowns any connection with smuggling, nefarious or other connected activities. In this regard, the petitioner was taken by the police as alleged on 9.3.1995 and was kept in illegal confinement and in this regard the petitioner has sent representation and telegram on 10.3.1985 to the various authorities. The petitioner claims that he has been falsely implicated in certain cases under FIR No. 146 dated 16.3.1985 under Sections 25, 54 and 55 of the Arms Act and in FIR No. 142 dated 14.3.1985 under Section 9 of the Opium Act. The petitioner was picked up and even taken to C.I.A. Staff, Amritsar where he alleges that he was beaten up and illegally confined.

(3.) ON these facts, learned senior counsel for the petitioner Mr. Matewal has raised the following submissions :-