SATNAM @ SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENTION orders dated 9.12.1986. Annexures P1, P2, have been challenged by the petitioners on various grounds by way of this joint writ petition. District Magistrate, Amritsar, has mentioned that he was satisfied in respect of petitioners Satnam Singh alias Satta and Bohar Singh alias Sakkatar Singh, both residents of village Kamboh, Police Station Jhabal, District Amritsar, now in custody (petitioners) that with a view to preventing them from acting in any manner prejudicial to the maintenance of public order and security of State, it was necessary to detain them. It is also mentioned in the orders that the petitioners were directed to be arrested and detained in Central jail, Amritsar, Senior Superintendent of Police, Amritsar, was further directed to execute the orders and to lodge the petitioners in Central Jail, Amritsar, where the Superintendent of Police will supply the grounds of detention.

(2.) IN the grounds of detention Annexures P3 and P4 dated 8.12.1986, the following items of activities are mentioned :- (i) On 21.9.1986 at about 11.30 p.m., the petitioner along with Gurbax Singh, Bohar Singh alias Sakkatar Singh, Avtar Singh alias Tari, Shinder Singh son of Mehar Singh and Swaran Singh son of Mohanta Singh armed with pistol and Takuas entered the house of Amrik Kaur widow of Sohan Singh Jat resident of village Darajke, police station Bhikwindi and committed daring dacoity in her house. The petitioners and others compelled her to part with the keys of her household and then they all started looting the property. When there was hue and cry and police party headed by Sub Inspector Gurcharan Singh reached the spot, Desa Singh and Avtar Singh were apprehended with the help of Balbir Singh, Santokh Singh and Surjit Singh. The petitioners and their companions also inflicted injuries on the person of Avtar kaur, Santokh Singh and Surjit Singh PWs. and a case FIR No. 233 dated 22.9.1986, was registered under Sections 395/397, Indian Penal Code, Sections 3/4 of the Terrorists Disruptive Activities Act and Section 25 of the Arms Act in Police Station Bhikhwindi.

(3.) THE petitioners made representations Annexures P5 and P6 on 23.12.1986, and sought opportunity to appear before the Advisory Board. Thereafter the detention orders were approved on 5.3.1987 vide Annexures P7 and P8 and the petitioners were to be detained for a period of twelve months from the date of their detention.