S.S.GREWAL,J - (1.) THIS petition under Articles 226/227 of the Constitution of India relates to quashment of impugned order of detention passed against Gurdial Singh detenu by the District Magistrate, Amritsar, Annexure P1 dated 9th February, 1988. under Section 3(2) read with sections 3(3) and 14A of National Security Act, 1980 as amended upto date (hereinafter referred to as the Act).
(2.) THE details of the alleged prejudicial activities find mention in the grounds of detention, Annexure P 2. These mainly relate to commission of murders, robbery and other criminal offences including those under Sections 3/4 of the Terrorists and Disruptive Activities (Prevention) Act. In the written reply filed by the District Magistrate, Amritsar, it was pleaded that the detenu had been indulging in prejudicial activities as detailed in the grounds of detention. It was also pleaded that the detenu was arrested on 4th October, 1987 on solid and sound material and the order of detention was rightly passed against him on 9th February 1988 and the same was served on him on the following day in Central Jail, Amritsar. It was, however, admitted that the representation of the detenu was received in the office of the District Magistrate, Amritsar on 19th July, 1988, the same was sent to the Senior Superintendent of Police, Tarn Taran for comments on the following day. Comments from the latter were received in the offices of the District Magistrate, Amritsar on 29th July, 1988. Next two days were holidays. Thereafter the District Magistrate examined the comments, made enquiries, and the same sent were to the Government on 2nd August, 1988.
(3.) THE learned counsel for the parties were heard.;