DARSHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Darshan Singh (hereinafter to be referred to as detenu only) and is presently confined in Central Jail, Kot Bhalwal, Jammu on the strength of Detention Order No. 45/PSA of 2010 dated 23.09.2010 slapped upon himself by Respondent No. 2 (District Magistrate, Jammu) has sought interim bail on medical grounds by placing on record a letter of Inspector General of Police (Prisons), J and K addressed to Deputy Secretary to Government, (Chief Minister's Secretariat) J and K informing that as per the opinion of the medical board, he (Darsan Singh) is suffering from advance Cirrhosis with presence of jaundice, as cites with history of bleeding and encephalopathy and such like patients are always on edge and their overall survival is poor.

(2.) Heard learned Counsel for both the sides. Detention record produced by Mr. Basotra is also perused. Grounds of detention, which are made the basis for passing of the impugned detention order, read thus:

(3.) Whereas, it has also been reported that on 13.07.1984, a Police party seized 500 ltrs. of Lahan from the fields of one Chain Singh at Nari which was kept in 05 barrels which was damaged on spot and some empty barrels and other material was also seized near Bhathi from the fields of Chain Singh and Ajit Singh alias Nazi some barrels also were seized from their houses and seized material was taken towards Police Station, but at the way you along with your father and other associates attacked on the Police party and started firing. A number of persons and your relatives were with you. The Police party escaped from there with great difficulty. On this, case FIR No. 245/1984 Under Section 353/148/149/341/109/RPC 4/25 A. Act was registered against you in Police Station, R.S. Pura (copy of FIR is enclosed).