HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARBHAJAN Singh son of Mangal Singh has challenged his detention under the National Security Act on various grounds. The brief facts are that the petitioner was arrested vide detention order dated May 13, 1988, passed by the District Magistrate, Jalandhar, Annexure P. 1, on the grounds given in Annexure P. 2. The State Government vide order dated May 24, 1988, Annexure P.3 revoked the detention ordered by the District Magistrate, bail passed a fresh order of detention the same day on identical grounds, a copy of which is Annexure P.5.

(2.) THE grounds of detention as given in Annexure P.5 are as under:

(3.) TAKING the assertion in the petition and the reply filed by the respondents, it is clear that the fact that the petitioner had been allowed bail in the two FIRs is not disputed. It is also clear that there is no mention in the detention order as to whether the detaining authority was aware at the time of the passing of the detention order that the petitioner had been enlarged on bail in the said cases. In Anant Sakharam Raut v. State of Maharashtra and others, 1988(1) R.C.R.(Criminal) 619 : AIR 1987 S.C. 137, the Supreme Court observed :