KEHAR SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner Kehar Singh is the father of Harjeet Singh who has been detained under the Prevention of Illicit Traffic in Narcotic Drugs Psychotropic Substances Act, 1988 (hereinafter referred to as the 'PIT NDPS Act'). An order was made by Shri A. K. Srivastava, Joint Secretary to the Government of India on 19th August, 1996 under Section 3(1) of the PIT NDPS Act for the detention of Harjeet Singh and grounds of detention were supplied to him. This order was subsequently confirmed by the Government of India vide order dated 20th November, 1996 and it was directed that Shri Harjeet Singh would be detained for a period of two years.

(2.) In the Habeas Corpus petition filed on 17-12-1996, the detention order was challenged on various grounds but Mr. Kalla confined his arguments to only Ground No. 3, and therefore the other grounds are not being mentioned in this order. Ground No. 3 is that detenu Harjeet Singh was already in jail when the order of detention was passed and there was no likelihood of his being released on bail and therefore, the order is contrary to the provisions of law and contrary to the rights given under the Constitution of India.

(3.) In the reply, the respondents justified the detention order. As regards Ground No. 3 it was submitted that the detaining authority while passing the detention order duly considered the fact of detenue being in judicial custody and after taking into consideration the fact that there were chances of detenue's releasing on bail, the detaining authority after due application of mind passed the detention order which cannot be said to be illegal and contrary to the rights of the detenu given under the Constitution.