RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner challenges the validity of the order (Annexure 1) dated January 7, 1987 of the District Magistrate, Jaisalmer, by which his brother Kishan Singh has been detained under section 3(2) of the National Security Act, 1980 (hereinafter to be referred to as (the Act) in Central Jail, Jodhpur.

(2.) As per averments disclosed in the petition, the detenu Kishan Singh was arrested at Jaisalmer on January 6, 1987 and was thereafter lodged in the Central Jail, Jodhpur on January 7, 1987. On January 15, 1987 the detenu was communicated the grounds of his detention alongwith the documents Annexure-3 and Annexure-4. The grounds communicated to him were that he was constantly visiting Pakistan in illegal manner for last four or five years; he was transmitting the secret information relating to the security of the Country to Pakistani agents and was indulging in spying and espionage activities which posed a threat to the security of the country. The documents supplied to the detenu are Annexure-3 and Annexure-4. Annexure-3 dated January 5. 1987 is the communication addressed to the District Magistrate by the. Superintendent of Police Jaisalmer and Annexure-4 dated October 17, 1984 is a report recorded by the Circle Officer of Police, Jaisalmer containing the fact that 41 bales of cloth were found buried in the sand dunes. It was further mentioned in Annexure-4 that the detenu and one Bhagiya were suspected to have smuggled these bales from Pakistan, The petitioner made representation to the State and his case was put before the Advisory Board constituted under the Act. The detention order was however, approved by the, State Government and the Advisory Board was of the opinion that there was sufficient cause for his detention.

(3.) In challenging the detention, the grounds urged before us by Mr. Purohit are: