KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ORDER , Annexure P -1 was passed by the District Magistrate, Amritsar, for the arrest of the petitioner and his detention in Central Jail, Amritsar, under Section 3(2) read with Section 3(3) of the National Security Act, 1980 (hereinafter called the Act) on 13th November, 1986. Grounds of detention are given in Annexure P -2 and they were served on the petitioner. The detention order was ultimately confirmed by the State Government after rejecting the representation of the petitioner.

(2.) THE detention order in this petition is challenged mainly on the grounds - (1) that the petitioner was already in Central Jail, Amritsar and (2) the grounds of detention has been served very late which itself invalidate the detention according to the provisions of the Act.

(3.) I have heard the counsel for the parties at length and am of the view that the facts of this case squarely fall within the ambit of the decisions of the Supreme Court in Ramesh Yadav v. District Magistrate Etah, AIR 1986 SC 315 and Binod Singh v. D.M., Dhanbad, Bihar and others, AIR 1986 SC 2090. On the basis of the said verdict of the Supreme Court I have today decided Cr. W.P. No. 366 of 1987 (Desa Singh v. State of Punjab) facts of which are on all fours with that in this petition.