SWARAN SINGH Vs. STATE OF JAMMU AND KASHMIR
LAWS(SC)-1988-11-34
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on November 18,1988

SWARAN SINGH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Jagannatha Shetty, J. - (1.) In this writ petition under Article 32 of the Constitution. the detention of Swaran Singh, the petitioner under Sec. 8 of the Jammu and Kashmir Public Safety Act. 1978 (the "Act") has been challenged. 2. The order of detention dated January 7, 1988 was made by the District Magistrate, Jammu. The grounds of detention are as under:"You started indulging in the terrorist activities right from your childhood. At the stage of 16 years, you committed a double murder in the year 1978 in which you were convicted for life imprisonment by the Sessions Court, Kathua. You were later on acquitted by the hon'ble High Court of J and K State in the year 1979. After your acquittal you went to Nepal and- learnt driving and came back in the year 1984. During the course of time you developed intimacy with one Mohinder Singh alias Pappi, a hardcore extremist/ terrorist, who had earlier been involved in a murderous assault and was arrested by ASI Ishar Dutt Sharma (Now SI) the then I/C Police Post Miran Sahib as a result of which Mohinder Singh @ Pappi was much humiliated and pledged to take revenge . Accordingly, you along with Mohinder Singh and Pappi Ranjit Singh and Gurdev Singh attacked and caused serious injuries to Ishar Dutt, S.I. on 24-11-1985 who has become permanently crippled for the whole of his life. You are still facing the said attempt to murder case.
(2.) During the month of December, 1985, you had gone to Delhi with your truck where you met with your associate Mohinder Singh and Pappi who introduced you to one Balbir Singh s/o Bhan Singh R/O Kurukshetra, Haryana, a hardcore extremist/ terrorist and an active member of AISSF. Thereafter, you along with Mohinder Singh and Balbir Singh hatched a conspiracy to loot a bank in order to procure money and to manage their bail in the attempt to murder case registered against you and others.
(3.) As a result of the conspiracy hatched, you along with Balbir Singh made an unsuccessful attempt to loot the cash from the Cashier of Co-operative Bank, R. S. Pura on 27-11-1986 in which you along with Balbir Singh were apprehended by the local people and handed over to Police. You were released from Judicial custody on 16-12-1987." 3. Ground No. 4 deals in detail other similar activities of the petitioner.;


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