Judgment

JAGANMOHAN REDDY, J.:- The petitioner challenges the order of detention dated March 28, 1972 made under Section 3 of the Maintenance of Internal Security Act No. 26 of 1971 -hereinafter called the Act . Initially he was arrested under the Official Secrets Act, 19 of 1923, and was remanded by the Magistrate on October 24, 1971. On November 19, 1971, the District Magistrate, Gurdaspur made an order of detention under Section 3 of the Act which was served on the petitioner while he was still in confinement under Section 3 of the Official Secrets Act. He was also served with the grounds of detention. The order of the District Magistrate, however, was not approved by the State Government and the petitioner was directed to be released in respect of his detention under the Act. The petitioner thereafter moved the Sessions Judge for bail and was directed on March 2, 1972 to be released on his executing a bail bond of Rs. 50,000/-. The bail bond furnished by him was accepted by the Sessions Court on March 14, 1972, on which date the petitioner was released from jail. On March 28, 1972, a fresh order of detention was passed by the District Magistrate, Gurdaspur; which order was approved by the State Government on April 4, 1972. It is alleged that from March 14, 1972 to February 12, 1973 the petitioner did not appear before the Court in spite of repeated directions and undertakings given by his counsel. His application for exemption from appearance was refused and thereafter on August 17, 1972 an application was made for taking action against him under S. 7 of the Act. On February 6, 1973 the detenu was declared a proclaimed offender. On March 12, 1973 he was arrested in Delhi and produced before a Delhi Magistrate who granted a transit remand for being produced before the Court at Batala and was accordingly produced before him on March l4, l973. On March 15, 1973, the detention order dated March 28, 1972, was served on him. Representations made by him were rejected by the Government on April 10, 1973, and finally on April 30, 1973, his detention was approved by the Advisory Board. The State Government confirmed the order of detention.

2. The contentions urged before us are better appreciated by a perusal of the grounds of detention. These are.

"1. That you, Harjasdev Singh s/o Ujagar Singh, Jat r/o village Talwara, p/s Srihargobindpur born on 15-4-41 in village Talwara matriculated in 1962. joined Military Service on 28-8-63 as Sepoy Clerk and later promoted as Havaldar Clerk in November 1968, are Indian National. In February 1967 when you were transferred to 10th Infantry Div. HQ at Sujanpur and remained there till July, 1970. During this period. you. Harjasdev Singh have been collecting information regarding military units and conveying the same to Pak Intelligence Services. In return, you were suitably rewarded by the Pakistan Officers and in support of this, the following, facts have been duly proved against you:

(i) That during October 1969, one Pritam Singh Jat r/o Baleem p/s Kalanaur allured you to indulge in espionage activities against India and give him Military intelligence and secret documents for passing on the same to his Pak masters for which you would be paid handsomely You felt tempted and gave your consent to do the job. Pritam Singh gave you Rs. 60/- and promised to come after a week. Pritam Singh again met you after about a week and you handed over to him a typed list of units under 10 Infantry Div. with their locations. You were paid Rs. 100/- more by Pritam Singh for this job.

(ii) Again in the Month of November 1969, the above said Pritam Singh, contacted you at Sujanpur and paid you Rs. l00/ as your remuneration for supplying the list of staff officers at 10th Infantry Div HQ at Sujanpur and also one sketch or, tracing paper regarding Road routes from Pathankot to Akhnoor.

(iii) Again in the month of December 1969, you supplied 10th Infantry Div. Exercise papers to Pritam Singh who promised to compensate you