S.D.BAJAJ,J - (1.) ON grounds mentioned in Annexure P1/A detenu petitioner Balkar Singh was ordered to be detained vide order Annexure R1 dated 30th August, 1989. After obtaining the advice of Advisory Board, his preventive detention for a period of two years from 23rd December, 1989, the date of apprehension and arrest, was confirmed vide order Annexure P2 dated 29th May, 1940. Detenu Balkar Singh has filed Cr. WP No. 2123 of 1990 for quashing his detention on the grounds that there was want of application of mind by the detaining authority to the facts and circumstances of the present case while making the detention order which was, therefore, not based on its subjective satisfaction, that there was no proximity between the grounds of detention and the order of detention because the grounds relate to November, 1988 and the order of detention was passed 10 months later on 30th August 1989, that the representation of the petitioner made on 21st July, 1990 was declined after inordinate delay on 6th September, 1990, that the detenu petitioner was already on bail with effect from 12th August, 1989 much before the date of detention order and that the petitioner was actually detained on 23rd December, 89 nearly 3 months and 21 days after the making of detention order against him on 30th August, 1989.
(2.) IT was conceded in reply that the petitioner was already on bail with effect from 12th August, 1989 before the making of the detention order against him on 30th August, 1989, that the detention order was made by the detaining authority on applying its mind whole-heartedly to the facts and circumstances of the case and on its subjective satisfaction, that there was close nexus between the prejudicial activity attributed to the petitioner and the impugned order of detention and that the representation of the petitioner was dealt with, with utmost expedition at various levels. I have heard Shri A.S. Sandhu, Advocate, for the petitioner, Shri S.S. Saron, A.A.G. Punjab for the State and have carefully gone through the entire material on record.
(3.) ALL the four submissions urged for assailing the legality of the detention order Annexure P1 are being dismissed hereinafter ad seriatum (i) Proximity and nexus between prejudicial activity and the order of detention :- The prejudicial activity alleged against the detenu petitioner is of early November, 1988 while the order of detention was passed 9-/12 months thereafter on 30th August, 1989. Explaining the delay it is urged in para 7 of the reply "The contents of this para arc wrong and hence denied. It is denied that there, is no nexus between the prejudicial activity and the detention order, which was passed on 3-8-1989. The pre-judicial activity relates to 11-11-88 and the recovery was effected from the fields of Puran Singh on 12-11-88, and the case against the petitioner was registered on 13-11-83. The petitioner kept absconding and was arrested only on 22.2.89 in this care. On 10.3.89, he made a confessional statement before the competent authority. The proposal for detaining the petitioner was moved by the SSP/Tarn Taran on 10-5-89 and it was forwarded to the Govt. by the District Magistrate, Amritsar on 16-5-89. The proposel was received by, the Govt. on 18-5-89 and was dealt with by the office on the same day. It was dealt with by the Legal Agency of the CID from 19-5-89 to 29-5-89 and some additional information was called for from the SSP/Tarn Taran on 1-6-89. A TPM reminder was issued to the SSP/Tarn Taran on 16.6.89. Interim reply was received from the SSP/Tarn Taran on 22.6.89 and TPMs were again issued to him on 3-7-89 and 11-7-89. His reply was received on 24.7.98. During this period voluminous material was got typed, cyclostyled and the proposal was cleared by the Legal Agency of the CID on 16.8.89. The case Was submitted to the Govt. and ultimately the detention order was passed on 30.8.89. This it is clear that the case was dealt with at all levels with promptitude and there was no unnecessary delay at any level. The delay of 10 months in passing the order of detention stands duly explained". ;