MASTER PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE District Magistrate, Amritsar passed a detention order qua the petitioner on September 21, 1987 under Section 3(2) read with Section 14(2) of National Security Act, 1980 (approved on September 25, 1987) and the same was confirmed on March 8, 1988 vide Annexure P. 1. This order of detention was revoked vide order dated 29.4.1980 and order of detention was passed vide order dated April 29, 1988, Annxure P. 2. The-grounds of detention dated April 29, 1988 are Annexure 3.

(2.) THE petitioner vide this petition has challenged his detention order dated April 29, 1988, Annexure P. 2 on the following grounds :-

(3.) IN their reply, it is stated that earlier detention order confirmed on 8.3.1988 was revoked on technical grounds and a fresh order was passed after arriving at the subjective satisfaction. It is reiterated that despite the above fact, the Detaining Authority had considered it to be a compelling necessity to order the detention of the petitioner. In view of his representation dated 13.10.1987 that the petitioner was already in custody in FIR No. 131 of 1987 and inspite of the fact that the petitioner was released on bail, there was no information about this with the State Government before the said order of detention was passed. The petitioner is said to have not produced any proof whether he was released on bail in connection with the said two criminal cases. It is admitted that Mohkam Singh and Surat Singh Khalsa were detained vide detention orders which have later been revoked and they were released from custody but it is said that their release from custody was not relevant. So far as non-supply of copies of confessional statement is concerned, it is not denied. Rather it has been asserted that the supporting material which formed the basis of grounds of detention was supplied to the petitioner against a proper receipt and the petitioner could make an effective representation with the help of supporting material.