HARMINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ONE Sher Singh Doomchhari was arrested by Chandigarh Police in 107/151 Criminal Procedure Code proceedings on 14th May, 1988 and lodged in Burail Jail at Chandigarh. Detention order based on grounds of detention Annexure PA was served on the detenu inside Barail fail on the 28th May, 1988. In the grounds of detention, the detenu is alleged to have made five provocative speeches inciting communal hatred between Hindus and Sikhs and inciting Sikhs to armed violence against Government established by law both in the State and at the Centre during the period 13th December, 1987 to 31st January, 1988. Harminder Kaur wife of the detenu has filed Criminal Writ Petition No 1024 of 1989 assailing the detention of her husband 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 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 Mr. Sukhbir Singh, Advocate, for the petitioner, Shri S. S. Saron, A.A.G. Punjab for the respondept State and have carefully gone through the Annexures brought on record by both the parties.

(3.) VIEWING from the other perspective of not registering case against the detenu in respect of offensive public speeches, repeatedly made by him as aforesaid during the period 13th December, 1987 to 31st January, 1988 or not prosecuting him on that account, their Lordships of the Supreme Court observed in Sadhu Roy v. The State of West Bengal, 1975 Criminal Appeal Reports 134 as follows