SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENU petitioner Swaran Singh is alleged to have made two inflammatory speeches for inciting disharmony between Hindus and Sikhs on May 19, 1988 and May 28, 1988. In respect of the second speech only First Information Report No. 61 was registered against him in Police Station Dhariwal under Section 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 on May 28, 1988 and the petitioner was taken into custody. While the petitioner was still in custody at District Jail, Sangrur, respondent No. 1 State of Punjab served upon him detention order Annexure P.1 bearing No. 542-2H III (NSA-88)/3721 on June 24, 1988 based on grounds of detention detailed in Annexure P.2.

(2.) CRIMINAL Writ Petition No. 1501 of 1988 has been filed by the detenu for getting detention order Annexure P.1 quashed and obtaining a direction for his release forthwith. It has been urged therein that order Annexure P.1 was passed by the Detaining Authority mechanically without any application of mind and its subjective satisfaction, that for the violation of law attributed to him in making inflammatory speech dated May 28, 1988, the petitioner was being prosecuted separately on the basis of First Information Report No. 61 of that date and that there was no question of his indulging in activities prejudicial to the maintenance of public order while behind the bars; more so when he had not even asked for his release on bail and as such the detention order passed against him by the respondent-State was punitive in nature and that the petitioner was not supplied the supporting material on which the detention order was based and thereby prevented from making his representation against illegal detention.

(3.) I have heard Shri Navkiran Singh, Advocate for the petitioner, Shri S.S. Saraon, A.A.G., Punjab for the State and have carefully gone through the pleading of the parties.