BIKRAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Bikramjit Singh was detained pursuant to an order of detention dated 2.3.1987 issued by the District Magistrate, Patiala who is respondent 2 herein under Section 3(2) of the National Security Act, 1980 (Annexure P.2). The detention is based on various incidents ranging from 23.12.1985 to 4.1.1986 with regard to which three different first information reports were registered under various provisions of law as mentioned in the impugned order. Petitioner, admittedly, was already confined in jail in connection with said first information reports and the latest of them all was recorded 14 months before the making of the detention order.

(2.) THE order of detention discloses that the petitioner is likely to indulge in a manner prejudicial to the maintenance of public order. When admittedly he was already in jail, he could not have indulged in any such activities.

(3.) THE one contention strongly pressed before me by the petitioner's counsel is that the detaining authority was not made aware at the time of detention order was made that the detenu had moved applications for bail in the cases in which he was undertrial or that he was enlarged on bail. No doubt it is mentioned in the written statement that the petitioner is on bail in all the cases and that orders for his release on bail were already made in all cases except one at the time of passing of the order of detetnon on 2.3.1987, but the detention order does not indicate so. I have gone through the detention order carefully. There is absolutely no mention in the order about the facts when the petitioner was arrested; since when he was an undertrial and that any applications for bail were pending or allowed. This indicates total absence of application of mind on the part of the detaining authority while passing the order of detention.