KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is being detained under the order of detention, dated December 1, 1987, passed by the Distt. Magistrate, Amritsar, under the provisions of Section 3(2) read with sections 3(3) and 14-A of the National Security Act, 1980 (hereinafter called the 'Act'), which runs as under :

(2.) BEING aggrieved against the said order of detention, the petitioner has invoked the extra-ordinary jurisdiction of this Court by filing the writ petition under article 226 of the Constitution of India. for quashing the above referred impugned order of detention, besides its confirmation by the State Government later on, mainly on the ground that he being in custody since 20-8-1987 for the offences under section 302/307/148/149 IPC read with section 3/4 T. D. Act and section 25 of the Arms Act, there was no possibility of the petitioner being released on bail; and the detention order is uncalled for. It was further alleged that the detention order was passed in a mechanical manner and without application of mind on the part of the detaining authority as the grounds on which the authority had concluded about the immediate release of the detenu on bail, are not mentioned in the detention order or in the grounds of detention. It was further maintained that there was no compelling reasons to pass the detention order as the alleged activities of the petitioner relate to one incident only. Various other grounds were also taken.

(3.) I have heard Mr. H.S. Mattewal, Senior Advocate, for the petitioner and Dr. (Mrs.) S.K. Bhatia, learned Assistant Advocate General, Punjab, for the State, besides perusing the records.