- (1.) This is an appeal by special leave against the judgment dated Nov. 29, 1983 of a learned single Judge of the High Court of Punjab and Haryana in Criminal Writ Petition No. 516 of 1983. That writ petition was filed by the respondent. Shri Jagdev Singh Talwandi, to challenge an order of detention passed by the District Magistrate, Ludhiana, on Oct. 3, 1983 whereby the respondent was detained under Sec. 3 (3) read with S. 3 (2) of the National Security Act, 1980.
(2.) The respondent was arrested in pursuance of the order of detention on the night between Oct. 3 and 4, 1983. He was first lodged in the Central Jail, Patiala and from there he was taken to Ambala, Baroda and Fethegarh (U. P). He filed a Writ Petition (No. 463 of 1983) in the High Court to challenge his transfer and detention in a place far away from Ambala. He withdrew that petition on an assurance by the Government that he will be sent back to Ambala, which the Government did on October 28.
(3.) The grounds of detention were served on the respondent on Oct. 6, 1983. Those grounds show that the petitioner was detained on the basis of two speeches allegedly made by him : one on July 8, 1983 at Nihang Chhowani, Baba Bakala., District Amritsar and the other on Sept. 20, 1983 at Gurdwara Manji Sahib, Amritsar. The grounds furnished to the petitioner read thus: "(1) That you in a Shaheedi Conference which was held from 11 a. m. to 4.45 p. m. on 2-7-1983 at a place known as 'Nihang Chhowani' at Baba Bakala, District Amritsar, delivered a provocative speech to a Sikh gathering comprising about 2000/2200 persons wherein you made a pointed reference to the incident dated 2-7-1983 of encounters between Nihangs and police at Baba Bakala and Tarn Taran and stressed that in order to take revenge Sikhs would kill their (Police) four persons in lieu of the two Nihangs who had been killed in the said encounters. (2) That while addressing a conference convened by the AISSF (All India Sikh Students Federation) on 20-9-1983 at Gurdwara Manji Sahib at Amritsar and attended by about 7000/8000 Sikh students, you made a provocative speech wherein you said that all efforts made for the success of the Akali Morcha having failed, it was still time to establish in Punjab a Government parallel to the Central Government and that you are in a position to form such a Government. You further exhorted that the establishment of Khalsa Raj was the only solution to the problems. You also made a suggestion that the Government will not accept any demand unless it was compelled by force to do so. This statement was also published in the various newspapers. A case F. I. R. No. 295 dated 27-9-1983 under Section 124-A, I. P. C.. and S. 13 of the Unlawful Activities (Prevention) Act, 1967, was registered at Police Station 'E' Division, Amritsar, which is under investigation.";