KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks quashing of detention order dated 9th, May, 1987, vide which the petitioner was directed to be detained with a view to preventing him from acting in a manner prejudicial to maintenance of public order and security of State. The grounds given along with order are that about a month prior to 5th June, 1986 one Dev Singh had gone to Gurdwara Bibi Kahan Kaur, Moga for offering prayer. There the petitioners, Basant Singh, Chamkaur Singh. Jaspal Singh and Nirmal Singh, who were members of the All India Sikh Students Federation and who were previously known to Dev Singh were talking that the work assigned to them had to be done with full efforts and with these arms Hindus are to be murdered, shops of Hindus are to be set on fire so that terrorism may be spread. Out of the said persons, Chamkaur Singh and Nirmal Singh were making their companions to understand the plan. It is further stated that On 7th May, 1986 at 1 p.m. one Gurbachan Singh was present in Moga with his Fiat car No. CH 9657 and two Sikh youths of which description is mentioned came to him and said that they wanted to go village Kokri Phulla Singh Walla on the taxi. Rs. 60/- as fare of the taxi was settled and after making payment they sat in the car and started towards Kokri Phulla Singh Wala. On their asking the vehicle was taken towards village Chogawan. On reaching the bridge on Sem Nala in village Mehna, they asked to stop the car and waited for two other persons. Thereafter on their way back they asked the owner cum-driver to stop the car and they took out their pistols of 12 bore and asked Gurcharan Singh to hand over the keys of the car and he was put in the dickey of the car and they started the car. After some time, the car slowed down and Gurcharan Singh pulled a part of the hook of the handle of the dicky and came out by jumping on Kokri Jalalabad road and ran to wards the field He was fired at but could not be apprehended. A case FIR No. 74 dated 7.5.1986 under sections 392,1307/34 I.P.C., under section 3/4/6 T. D. A. (P) Act was registered against the petitioner and others. The petitioner was arrested on 28th May, 1987.

(2.) ON 3rd May, 1986 at about 12-30 p.m. Mohan Lal, Munim. was coming on a scooter towards grain market village Dalla and he was accompanied by one Hans Raj. On their way, scooter was parked and in the meantime three youths came there and one of them fired with pistol at Hans Raj, who fell down and was dragged. In this respect, case F.I.R. No. 72 dated 3-5-1986 under sections 362/392/120-B/34 IPC and 25 Arms Act and section 3/4/6 T.D.A. (P) Act was registered.

(3.) ON 27th May, 1986, the petitioner was apprehended along with his accompanying co-accused Ranjit Singh and the other two by the police party and different weapons were recovered from the possession of all of the accused. On the basis of this incident, case F.I.R. No. 80 dated 27-5, 1986 under sections 307,134 IPC, under section 3/4/6 of the T.D.A. (P) Act of P. S. Mehna was registered against the petitioner and, his co-accused.