GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has challenged his detention under section 3 of the National Security Act, 1980, ordered by the District Magistrate, Jalandhar, vide his order dated 16th October, 1987 (Annexure P-3). The challenge to this order is primarily on the ground that the District Magistrate has not applied his mind and the order has been passed without any application of the mind and just mechanically. It is further contended that the District Magistrate has passed the detention order on the next day of the receipt of the communication from the Senior Superintendent of Police, Jalandhar and the detention order is almost a copy of the letter sent to the District Magistrate by the Senior Superintendent of Police.

(2.) I have heard the learned counsel for the parties and have considered the submissions made by the counsel for the petitioner. In order to appreciate the submissions made by the learned counsel for the petitioner it will be better to reproduce the grounds of detention which led to the satisfaction of the Distract Magistrate :

(3.) IT is practically conceded that in a similar situation I. S. Tiwana, J. had quashed the detention of the detenus in C.W.P. No. 1671 of 1987, decided on 8th January, 1988. I.S. Tiwana, J. had relied upon two Supreme Court judgments in Sadhu Roy v. The State of West Bengal, 1975 CAR 134 and Jai Singh and others v. State of Jammu and Kashmir, 1985(2) RCR(Crl.) 39 (SC) : 1985 Crl. L.J. 527.