LAWS(P&H)-1988-10-63

SHAMSHER SINGH Vs. STATE OF PUNJAB

Decided On October 31, 1988
SHAMSHER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SHAMSHER Singh son of Gurnam Singh, resident of Moond Khera, P.S. Sadar, Patiala (now confined in Central Jail, Patiala), has filed this petition challenging the order of his detention passed by District, Magistrate, Patiala, on May 2, 1988. The petitioner has been ordered to be detained by District Magistrate, Patiala, primarily on the ground that the petitioner is likely to indulge in activities prejudicial to the security of the State and maintenance of public order as he has been released on bail in cases FIR. No. 46 dated May 22, 1987 under section 307/124-A/34, IPC and section 25/54/59, Arms Act, P.S. Kotwali, Nabha, and FIR No. 178, dated October 10, 1987, under section 25/54/59, Arms Act, P.S. Sadar, Patiala, on July 15, 1987 and October 14, 1987 respectively and that with a view to prevent him from acting in any manner prejudicial to the security of the State and maintenance of public order as well as from interfering with efforts of Government, in coping with the terrorist and disruptive activities in future, it is necessary to detain him. The petitioner has alleged in his petition that the order has been passed without any application of mind and mechanically and there are no legal grounds to detain him.

(2.) THE District Magistrate, Patiala, while ordering the detention of the petitioner Annexure P/1 dated May 2, 1988, has mentioned the following grounds which led to the detention of the petitioner:

(3.) I have gone through the record to satisfy myself whether the contention of the learned counsel for the petitioner is factually correct or not and as to whether the Distt. Magistrate has only copied the grounds from the communication sent to him by SSP or has applied his mind independently. The SSP Patiala in his communication dated 8-4-1988 to the District Magistrate, has stated that the petitioner is a desperate and dangerous person and his being at large would be hazardous to the society. The letter written by SSP is reproduced below.