JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGJIT Singh petitioner has filed this petition under Article 226 of the Constitution of India for the release of the person of 4iis brother Manmohan Singh Jora, son of Shri Sohan Singh, now con-Bned in the Central Jail, Ferozepore, in consequence of an order of detention passed under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act),

(2.) IT is averred in the petition that the detenu was arrested on 21-7-1976, and the grounds of detention were supplied to the detenu, vide copy Annexure p. 2 (its English translation is Annexure p 2/a); that the detenu made a representation through the Superintendent of Jail to the Government vide copy Annexure p. 3, that thereafter the aforesaid representation of the detenu was sent to the Advisory Board for its opinion and the detenu also appeared before the said Board, that the Advisory Board approved his detention and that the orders of detention were confirmed for a period of one year from the date of his detention or the period during which the proclamation of Emergency, issued under Clause (1) of Article 352 of the Constitution, on 3rd December 1971, and the proclamation of Emergency issued under that clause on 25th June, 1975, remained in operation, whichever period expired later. The order of detention, dated 19th October, 1976 (Annexure p. 4) is in the following terms: Whereas the Governor of Punjab, in exercise of the powers conferred on him under Sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Parliament Act No. 52 of 1974) as amended, passed the order of detention in respect of Sh. Manmohan Singh, son of Sohan Singh, Goldsmith, resident of Sunam, District Sangrur, 2. And whereas the Advisory Board have opined that there is sufficient cause for the detention of the said Sh. Manmohan Singh.

(3.) HE shall be governed, while under detention, by the Punjab Detenus (Conditions of Detention) Order 1974.