BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has challenged the detention order dated 20-6-1988 (Annexure P3), as also the grounds of detention Annexure P4, on various grounds.

(2.) ANNEXURE PI is the earlier detention order passed on 9-6-1988, alleging that the Director Magistrate, Amritsar was satisfied that the petitioner was residing at 413, Green Avenue, Police Station, Civil Lines, Amritsar and was at present in custody in Central Jail, Amritsar. With a view to preventing him from acting in a manner prejudicial to the Security of State and maintenance of the public order and interference with efforts of Govt. in coping with the terrorist and disruptive activities, it was necessary to detain him. Vide this order, it was directed that the petitioner be arrested and detained in Central Jail, Amritsar where he was presently lodged in judicial custody in a case registered against him. Another ground mentioned is that the petitioner was taking steps to get himself released from the custody and there was every likelihood of his being set at liberty and in that event, he was likely to indulge in prejudicial activities in view of the prime facie, propensity towards such activities and thus, there was a compelling necessity to pass that order. In this order itself, the Senior Superintendent of Police, Amritsar was directed to execute the order and to lodge the petitioner in Central jail, Amritsar where the Superintendent Jail will supply the grounds of detention in Punjabi, along with an English translation thereof and shall also explain the same in his mother tongue. Vide order dated 10-6-1988, Annexure P2 the order of detention Annexure P1 was revoked. This order was sent to the petitioner at his village address. On that very day, another order of detention Annexure P3 was passed, mentioning the earlier order, as well as its revocation and repeating the same satisfaction as was mentioned in Annexure P1. This order also was sent to the petitioner at his village address.

(3.) THE order Annexure P3 and the grounds of detention Annexure P4 have been challenged by the petitioner on the following grounds :-