GURPRATAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DETENTION order Annexure P I based on grounds of detention obtaining in Annexure P. 2 was clamped on the detenu named Shri Kuldip Singh Wadala on 28th May, 1988 inside Burail Jail, Chandigarh wherein the detenu was being kept confined already with effect from 14th May, 1988 in preventive jurisdiction under sections 107/151 of the Criminal Procedure Code. Gurdip Singh son of the detenu has assailed the validity of the detention order Annexure P.1in Criminal Writ Petition No 249 of 1988 on the grounds that the detenu being already in jail could not indulge in prejudicial activities thereafter and as such the detention order was passed without any application of mind by the detaining authority, that no case was at all registered against the detenu for prejudicial activities attributed to him in the grounds of detention Annexure P. 2 and that the order of detention Annexure P. 1 was passed by the detaining authority in a cursory routine manner without any application of mind; much less its subjective satisfaction and as such is required to be quashed. In reply it was urged :

(2.) I have heard Shri. H.S. Mattewal, Sr. Advocate, with Shri Sukhbir Singh, Advocate, for the petitioner, Shri H. S. Bedi, Additional Advocate General, Punjab, for the respondent State and have carefully gone through the Annexures brought on record by both the parties.

(3.) THE District Magistrate, it is true, has stated that the detention of the detenus was affected because he was satisfied that it was necessary to prevent them from, acting prejudicially to the maintenance of public order, but there is no reference to any material in support of that satisfaction. We are aware that the satisfaction of the District Magistrate is subjective in nature, but even subjective satisfaction must be based upon some pertinent material. We are concerned here not with the sufficiency of that material but with the existence of any relevant material at all in the circumstances, the detention orders in respect of the four detenus must be quashed."