LAWS(P&H)-1987-2-61

SUKHJINDER SINGH Vs. STATE OF PUNJAB

Decided On February 03, 1987
SUKHJINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioner, who has been detained by the State of Punjab under the National Security Act (hereinafter called 'the Act'), has challenged his removal to Delhi in the Tihar Jail in this petition under Article 226 of the Constitution of India.

(2.) THE petitioner was arrested on October 27, 1986, under the National Security Act, and was taken to the District Jail, Kapurthala. From there, on the same day, he was transferred to the Tihar Jail in Delhi. This removal of the petitioner from the State of Punjab to the Jail in Delhi has been assailed by him on various grounds.

(3.) THE first contention on behalf of the petitioner is that he has been removed from the State of Punjab to Tihar Jail in Delhi without orders of the Punjab Government and without obtaining consent of Delhi State. It is said that this has been done in direct violation of the provision of Section 5 of the Act. These allegations have been denied by the respondent-State of Punjab. On perusal of the relevant record placed before me by the learned Counsel appearing for the State, I find that the petitioner was removed from the District Jail, Kapurthala, to the Tihar Jail in Delhi under orders of the Chief Minister of Punjab and with the consent of the Delhi Administration. There is, therefore, no merit in the contention that the petitioner had been removed from the State of Punjab to Delhi without the orders of appropriate Government or without the consent of the other State.