MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner Manjit Singh challenges the validity of his detention by the order of the District Magistrate, Jalandhar, under Section 3(2) read with Section 3(3) and Section 14-A of the National Security Act, 1980 (for short, the Act) on his being satisfied that the detention of the petitioner was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of the Public Order. 2. The order of detention is based on two grounds the first of which relates to an incident of October 3, 1986 and the second of February 3, 1989. The grounds of detention are as follows :

(2.) IN pursuance of the conspiracy hatched by you and your associates a, on 3-10-1986 at about 6.45 a.m., C. Sardul Singh armed with rifle, C. Dalwinder Singh armed with carbine, C. Balwinder Singh in uniform of DSP armed with carbine, HC Ajit Singh armed with carbine and one other person wearing the uniform of HC armed with machine-gun came to the GO Mess in the PAP complex in Jeep No. 471 PAT which was being driven by Vijaypal Singh and opened fire at Sh. Roberio. DPG with intent to kill him, who had a narrow escape. The assailant, also fired at C. Joginder Singh who was on Sentry duty and injured him and he succumbed to his injuries later on HC Kulwant Singh also received an injury during the firing. While fleeing the culprits shot dead C. Kuldeep Raj and injured C. Lakshman pargode of the CRPF, in this connection case. FIR No. 69 dated 30-4-1986 under Section 302/307/148/149/120B/419/170. IPC 25 Arms Act and 3/4 TDA(P) Act, was registered at P. S. Cannt, Jalandhar. During the investigation of the case statement or HC Sucha Singh was recorded on 3.10.1986, in which he named the four culprits and stated about your involvement in the murderous assault Sh. Riberio DGP. C. Sardul Singh was, Arrested on 30-10-1996 while you and C. Kewal Singh were arrested on 8-11-1986 and on interrogation by the police you and your associates C. Sardul Singh and Kewal Singh admitted your involvement in this case. Copies of FIR No. 69/86 P. S. Cannt. Jalandhar, statement of HC Sucha Singh dated 3-10-1986, para No 1 of CD No. 50 dated 24-11-1986, para No. 2 of CD No. 26 dated 30-10-1986, extract of para No. 2 of CD No. 29 dated 1-11-1986, paras No. 2 and 4 of CD No. 35 dated 8-11-1986 and paras Nos. 5 and 7 of CD No. 36 dated 9-11-1986 of this "case are attached an Annexures I,II,III, IV, V,VI, VII, VIII and IX.

(3.) MR . G.S. Grewal. learned counsel for the petition or has submitted that it is virtually impossible for the petitioner to be released on bail in the aforesaid criminal cases in view of the fact that these cases had been registered for commission of offences, punishable under the Terrorist and Disruptive Activities (Prevention) Act and that since the detenu would remain in custody there would hardly be any chance for him to inference with the efforts of the Government in coping with the terrorist and disruptive activities. There appears to be substance in his contentions.