KISHAN SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner, by this Habeas Corpus Petition, has challenged the legality and correctness of the order of detention dated 2.10.92, passed by the District Magistrate, Barmer, by which the petitioner was ordered to be detained under Section 3(3) of the National Security Act as his activities were found prejudicial to the security of the State and, therefore, in order to prevent him from acting in any manner prejudicial to the security of the 'State', he was ordered to be detained in Central Jail, Jodhpur.

(2.) THE facts which necessitated the Detaining Authority to pass the order on 2.10.92 ordering for the detention of the petitioner, are that from the confidential reports dated 15.5.92 and 1.10.92, received from the Military Intelligence, Barmer, the petitioner was found engaged in espionage and an active agent of Pakistan's Secret Agency F.I.U. In the confidential report dated 22.4.92 of B.S.F., Barmer, the petitioner was found crossing borders and going to Pakistan casually without any valid passport. The petitioner was, also, a History -sheeter of Police Station, Gadra Road, which is clear from the Village Crime Book maintained at Police Station. As per the reports of the Station House Officer, Police Station, Gadra Road, dated 9.10.87, 11.3.88, 6.7.92, 10.3.92, 17.3.92. 8.9.92 and 2.7.92, also, the petitioner was found engaged in espionage activities since 1985. He used to cross International Borders without any valid Passport and has contacts with the Pakistan's Intelligence Agencies and passes -on the secret strategic informations to Pakistan's Secret Agencies and in exchange is getting gold and silver. As the petitioner was found engaged in the espionage activities and supplying important strategic informations to the Secret Intelligences of Pakistan, the District Magistrate, Barmer, on the basis of the materials available with him and on the informations received by him, passed an order for detention of the petitioner in the Central Jail, Jodhpur, in order to prevent him from acting in any manner prejudicial to the security of the State as his activities were found prejudicial to the security of the State. After his detention in the Central Jail, Jodhpur, he was supplied with the Grounds of Detention (Annexure. 2) alongwith the copies of Village Crime Book of village Tamlore, maintained by the Station House Officer, Police Station. Gadra Road, relating to the History sheet of the petitioner (Annexure. 3).

(3.) NOW , we will examine each of the contentions raised by the learned Counsel for the petitioner -detenu and will see whether the impugned detention is vitiated for any of the aforesaid reasons?