STATE OF PUNJAB Vs. JAGDEV SINGH TALWANDI

JUDGEMENT

(1.) This is an appeal by special leave against the judgment dated Nov. 29, 1983 of a learned single Judge of the High Court of Punjab and Haryana in Criminal Writ Petition No. 516 of 1983. That writ petition was filed by the respondent. Shri Jagdev Singh Talwandi, to challenge an order of detention passed by the District Magistrate, Ludhiana, on Oct. 3, 1983 whereby the respondent was detained under Sec. 3 (3) read with S. 3 (2) of the National Security Act, 1980.

(2.) The respondent was arrested in pursuance of the order of detention on the night between Oct. 3 and 4, 1983. He was first lodged in the Central Jail, Patiala and from there he was taken to Ambala, Baroda and Fethegarh (U. P). He filed a Writ Petition (No. 463 of 1983) in the High Court to challenge his transfer and detention in a place far away from Ambala. He withdrew that petition on an assurance by the Government that he will be sent back to Ambala, which the Government did on October 28.

(3.) The grounds of detention were served on the respondent on Oct. 6, 1983. Those grounds show that the petitioner was detained on the basis of two speeches allegedly made by him : one on July 8, 1983 at Nihang Chhowani, Baba Bakala., District Amritsar and the other on Sept. 20, 1983 at Gurdwara Manji Sahib, Amritsar. The grounds furnished to the petitioner read thus: