NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE District Magistrate, Gurdaspur, vide an order dated July 28, 1986 (Annexure P.1) has detained the petitioner Narinder Singh under Section 3(3) of the National Security Act, 1980. This order was confirmed by the State Government vide an order dated September 25, 1986 (Annexure P.3). In the instant petition the order of detention has been assailed by the petitioner.

(2.) THE grounds on which the impugned order (Annexure P.2) was passed are that the petitioner has connections with the terrorists. He along with his wife's brother Jasbir Singh and one Satish Kumar looted a 12 Bore DBBL gun from Mahavir Gun House, Batala, on March 16, 1986 and handed over the gun of Dalbir Singh. The petitioner also prevailed upon the Jasbir Singh and some other persons to commit dacoitites and also to kill persons with a view to create terror in the area. While his associates, namely, Jasbir Singh, Tarsem Singh and Dalbir Singh were presented at Batala on May 21, 1986 to achieve his object, they were apprehended by the police. In this respect a case was registered against the petitioner under Section 25 of the Arms Act as well as sections 3 and 4 of the Terrorist and Disruptive Activities Act, 1985, at Police Station, Sadar Batala (F.I.R. No. 198 dated May 21, 1986). During the course of investigation it was found that out of fear no witness was coming forward to support the case against him. On account of these activities to District Magistrate, Gurdaspur, was satisfied that the petitioner should be detained under the National Security Act with a view to prevent him from acting in a manner prejudicial to the security of the state and maintenance of the public order.

(3.) NO doubt the petitioner had already been apprehended on May 21, 1986 in the case pertaining to F.I.R.No. 198 dated May 21, 1986 and was under detention when the impugned order (Annexure P.1) was passed by the District Magistrate on May 28 1986, but on this ground alone the detention order in not vitiated. In Rameshwar Shaw v. District Magistrate, Burdwan and Anr., (1964) 4 S.C.R. 921, the Supreme Court held as under :-