SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has been detained under Section 3(3) of the National Security Act, 1980 in pursuance of the detention order dated July 23, 1986 (Annexure P. 1) passed by the District Magistrate, Gurdaspur. In this writ petition the detention is sought to be quashed.

(2.) THE grounds of detention reveal that a case under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985, was registered against the petitioner on April 21, 1986 by means of a First Information Report No. 73 at Police Station, Dhariwal. The petitioner via taken in custody during the investigation of that case. It was apprehended that there was every likelihood that the petitioner may again indulge in prejudicial activities in the event of his being released on bail. This was the ground on which the impugned detention order (Annexure P. 1) was passed.

(3.) ADVERTING to the first ground the view of the Supreme Court in respect thereof in Biru Mahato v. The District Magistrate, Dhanbad, 1982 C.A.R. 350 (SC) may be noticed. It was held that as an abstract proposition of law the detention order can be made in respect of a person who is already detained. But it is subject to the bonafide satisfaction of the detaining authority that the detenu was likely to be released from detention in near future and thereafter his indulging in prejudicial activities was apprehended. The relevant observations of the Supreme Court in this respect may be reproduced to advantage as under :