Teja Singh, C.J. - (1.) THE facts of the cases out of which this reference to the Full Bench has arisen are given in the order of reference. The following are the two questions referred to the Full Bench: 1. Does the failure of the authority effecting or ordering the arrest of a person under Section 3, Patiala State Public Safety Ordinance of 2003, as amended by subsequent Ordinances, to report forthwith the arrest to the prescribed authority under Sub -section (2) of the said section make the arrest or detention of the person arrested, or both, void ab initio, or does it affect the arrest or detention, or both in any other way?
(2.) WHEN a person is arrested and detained under Section 3, Patiala State Public Safety Ordinance, 2003 and in the order of arrest made by the authority making or directing the arrest, no mention is made of the Patiala State Public Safety (second amendment) Ordinance of 2004, does this make the orders of arrest or detention void ab initio or does it affect in any other way the legality and the validity of those orders? 2. Briefly, it may be mentioned here that on 24th February 1949 the District Magistrate, Kapurthala ordered the arrests of Hansrai, Om Prakash Agnihotri and Sadhu Earn under Section 3, Patiala State Public Safety Ordinance (XI [11] of 2003) This Ordinance was subsequently amended by two Ordinances, Patiala State Public Safety Ordinance (No. 1 of 2004) dated 5 -2 -2004 (18 -5 -1247) and Patiala State Public Safety (second amendment) Ordinance (No. 3 of 2004) dated 32 -4 -2004 (16 -8 -1947). For facility of reference Ordinance XI [11] of 2003 will be described in this order as the original Ordinance and the amending Ordinances 1 and 3 of 2004 respectively an the first amending Ordinance and the second amending Ordinance. Section 3 of the original Ordinance of 2003 reads as below: The Ijlas i -Khas, or the District Magistrate or any State Servant authorised in this behalf by general or special order of the Ijlas -i Khas, If satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the Public safety or the maintenance of Public order it is necessary so to do, may arrest such person without warrant, or may direct the arrest without warrant of such person and in making such arrest any means that may be necessary may be used. (2) An arrest made by or on the direction of any authority under this section other than the Ijlas -i -Khas shall be reported forthwith to the Ijlas -i -Khas, by the authority so making or so directing the arrest, as the ease may be and such authority may, by order in writing, commit any person so arrested to such custody as the Ijlas -i -Khas may, by general or special order, specify in this behalf. Provided that no person shall, unless the Ijlas -i -Khas by special order otherwise directs, be so detained in custody for a period exceeding six months., (Sic) Provided further that no person shall be so detained in custody for a period exceeding six months. (3) The Ijlas -i -Khas may, by general or special order, determine the conditions as to maintenance, discipline and the punishment of offences and breaches of discipline which shall be applicable to persons committed to custody by an order made under Sub -section (2). (4) If the Ijlas -i -Khas has reason to believe that a person in respect of whom such an order as aforesaid has been made directing that he be detained has absconded or is concealing himself so that the order cannot be executed, it may: (a) inform a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of Section 87, 88 and 89 of the Code shall apply in respect of the said person and his property as if the order directing that he be detained were warrant issued by the Magistrate; (b) by order notified in the Patiala Government Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with a term which may extend to 7 years, or with fine, or with both. 3. By Section 2 of the first amending Ordinance (No. I [1] of 2004) Sub -section (2) of Section 3 as it stood before, was replaced by the following sub -sections: (2) An arrest made by or on the direction of any authority under this section other than the Ijlas -i -Khas shall be reported forthwith to the Ijlas -i -Khas but the authority so making or be directing the arrest, as the case may be, and the authority making the report may by order in writing commit any person so arrested to such custody as the Ijlas -i -Khas may by general or special order specify in this behalf. (2 -A) The Ijlas -i -Khas may by order in writing commit any person arrested by it or on its direction to such custody as the Ijlaa -i -Khas may deem fit. (2 -B) No person shall, unless the Ijlaa -i -Khas by special order otherwise directs, be detained in custody for a period exceeding one month. (2 -C) No person shall be so detained in custody for a period exceeding six months.
(3.) THE words of Clause (a) of Section 2 of the first amending Ordinance were to the effect that "For Sub -section (2) the following Sub -sections shall be substituted, and shall be deemed always to have been substituted." Clause (b) of Section 2 of the amending Ordinance laid down that the words 'or Sub -section 2A' be added to Sub -section (3) of Section 3 'and shall be deemed always to have been added.' Section 3 of the amending Ordinance inserted Section 6 -A to the Original Ordinance and Section 4 amended Section 21, but with these amendments we are not concerned in the present case.;