KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Kuldip Singh has been detained by the respondent -State of Punjab under Section 3 of the National Security Act, 1980, vide an order dated June 3, 1986 (Annexure P.1). This order was confirmed vide an order dated July 22, 1986 (Annexure P.3). He has filed this habeas corpus petition to challenge his detention.

(2.) ONE of the grounds pleased by the petitioner for quashing the detention order is that on similar grounds two other persons, namely, Lakhwinder Singh and Satpal Singh alias Satnam Singh, were similarly detained but the detention orders against them were revoked on July 18, 1986 and September 24, 1986 (Annexures P.7 and P.9) respectively, on the recommendation of the Advisory Board. It is, therefore, stated that the detention of the petitioner also stands vitiated.

(3.) IT has not been disputed before me that the aforesaid two persons had been detained on the same grounds as the petitioner. It is also not controverted that the orders of revocation of detention concerning the said two perspons was not brought to the notice of the detaining authority when the order confirming the petitioner's detention (Annexure P.3) was passed on July 22, 1986. Relying upon a Supreme Court judgment in Mohd. Shakeel Wahid Ahmad v. State of Maharashtra, 1983 Cri.L.J. 967, in similar situation, I had quashed the detention of the detenu in Major Singh v. Punjab State, Cr. W.P. 962 of 1986 on October 30, 1986. Following the reasoning in my earlier judgment, I find that the impugned detention order (Annexure P.1) and the subsequent confirmation order (Annexure P.3) are wholly unsustainable. This petition is, therefore, allowed and the said orders are quashed. The petitioner shall be released forthwith unless he is required to be detained in any other case. This petition is disposed of accordingly. Petition allowed.