DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition as well as Cr. W.P. No. 1025 of 1988 filed by Jasbir Singh petitioner, for quashing the detention under Section 3(2) of the National security Act,1980 (hereinafter called the Act) shall be disposed by this order, at the detention order was passed by the District Magistrate, Amritsar on the joint criminal activities of both these petitioners.

(2.) Admittedly both these petitioners were in judicial Custody in the Central Jail, Amritsar. When the District Magistrate passed the detention order under Section 3(2) of the Act on 10th December, 1987 and 11th December, 1987 respectively in the case of Dilbagh Singh and Jasbir Singh, on the basis of four separate incidents of snatching licenced fire arms taking place on various dates from March, 1987 to September 1987. In one of those cases, Kartar Singh licensee was injured with a gun shot while snatching his fire-arm. After the detention order along with the grounds of detention were served upon the petitioners in jail Dilbagh Singh petitioner filed the representation against his detention on 9th Jan. 1988, which was received by the State Government through the Superintendent of Central Jail, Amritsar on 11th Jan., 1988 and after obtaining the comments of the District Magistrate, Amritsar, it was finally rejected on 27th Jan 1988, and communicated to the detenu on 30th Jan 1988. In the case of Jasbir Singh, petitioner, he submitted his representation on 3P December, 1987 to the Superintendent of Jail, Amritsar. It was received by the State Government on 4th January, 1988 and after obtaining comments of the District Magistrate, Amritsar, it, was finally rejected on 13th January, 1988 and communicated to the detenu 15th January, 1988.

(3.) The leanred Counsel for the petitioners contended that here was no material on the record to conclude that the detenue if released on bail in the cases in Which they are being detained, they were likely to commit activities prejudicial to the maintenance of public order. Reliance in this regard has been placed upon the dictum laid down by the Supreme Court in Smt. Shashi Aggarwal v. State of UP. & ors. Mrs. S.K. Bhatia, learned Assistant Advocate General, Punjab, appearing on behalf of the State, on the other hand, maintained that the detention order as well as the grounds of detention clearly make out a case that the District Magistrate was aware of the detention of the detenu in jail and that on the basis of the involvement of both these petitioners along with others in the four separate incidents of snatching licenced fire-arms with force the above referred order was rightly passed.