S.S.GREWAL,J - (1.) THIS petition under Article 226 of the Constitution of India relates to quashment of detention orders No. MA 128 dated 6.1.1988 (Annexure P1), and 434-2HIII (NSA)-88/3682 dated 23.6.1988 (Annexures P3), under Sections 3(2), 3(3), 12(1) and 14-A of the National Security Act, 1980.
(2.) THE facts relevant for the disposal of this case, are that the petitioner was arrested on 18.9.1987 in case FIR Nos. 181 and 183 of 1987 registered at Police Station Majitha under the Arms Act. Case FIR Nos. 101 dated 17.9.1987 under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'the Act') and 25/27 of the Arms Act, and 165 dated 4.8.1987 under Sections 392 of the Indian Penal Code, and 25/27 of the Arms Act, were registered in the said Police Station. The petitioner was also arrested in those cases. While in judicial custody, the petitioner was served with the impugned detention order (Annexure P1), passed on 6.1.1988. On 23.6.198 vide order Annexure P3, the said detention order was confirmed by the State Government for two years, while the petitioner was still in custody. On behalf of the State it was contended that the petitioner was an active member of the Khalistan Liberation Force headed by Avtar Singh Brahma, which, indulged in prejudicial activities in the murder of innocent persons; that the petitioner also indulges in activities prejudicial to the security of the State and maintenance of public order, and, interfered with the efforts of the Government in coping with the terrorist and disruptive activities.
(3.) THE counsel for the parties were heard.;