MOHINDER SINGH ALIAS TITU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge here is to the order of the Governor of Punjab of April 27, 1987 issued under sub-section(2) of Section 14 of the National Security Act, 1980 read with Section 3 thereof.

(2.) THE impugned order of detention was passed and served upon the petitioner when he was already in custody having been arrested as far back as September 15, 1985 under first information report 143 of 1985 for offences under Sections 3 and 4 of the Terrorists and Disruptive Activities (Prevention) Act, 1985. Besides this, there are four other cases since registered against the petitioner. Those being ;

(3.) IN Binod Singh's case (supra) it was held that where an order of detention under Section 3(2) of the National Security Act is served upon the detenu, who is already in jail in respect of a serious charge like murder and there is no indication that this detenu might be released or that there was such a possibility of release taken into consideration by the detaining authority properly and seriously before the service of the order of detention, the continued detention of the detenu, under the Act, could not be justified.