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SUPREME COURT OF INDIA
Lalit Mohan Sharma. S. Mohan and N. Venkatachala, JJ.
David Patrick Ward and Anr. - Petitioners
versus
Union of India & Ors. - Respondents
Writ Petition (Crl.) No. 136-37 of 1992
Decided on 26.8.1992
Counsel for the parties:
For the Appellants - Ms. Indira Jaising.
For the Responts - Mr. Altaf Ahmad.
(ii) National Security Act, 1980 – Section 3(1) & (2) - Constitution of India - Art 32 Detention order challenged on ground of vagueness of the grounds of detention - Court found grounds of detention were specific and clear - Held grounds of detentions were not vague. (Para 15)
(iii) National Security Act, 1980 - Section3 (1) & (2) - Constitution of India - Art 32 Detention order challenged on ground that it was based on a solitary Act - Whether bad? (No).
Held: The detaining authority can base its order of detention even on a solitary act provided that the conduct of the person concerned with the act in the circumstances in which it was committed, is of such a nature as would enable the formation of requisite satisfaction that the person, if not prevented by an order of detention, is likely to indulge in repetition of similar acts in future. That is certainly so in the present case, having regard to the various circumstances from the beginning viz. the concealment of the purpose of visit, the entry without permit in the prohibited area upto the time of arrest of the petitioners. Therefore, the grounds of detention relating to what occurred on the night between 30th and 31st January, 1992 sufficed for making the detention orders under challenge. (Para 21)
(iv) National Security Act, 1980 – Section 3(1) and (2) - Constitution of India - Art 32 Detention order challenged on ground of non-consideration of representation - Petitioners sending a copy of writ petition for consideration - Matter subjudice - Question of consideration does not arise - (Para 22)
(v) National Security Act, 1980 – Section 3(1) and (2) - Constitution of India - Art32 Detention of members of U.K. based organisation "Naga Vigil" - Challenged on ground that instead of detention, the petitioners ought to have been deported - Authorities found deportation not favourable - Whether court can find any fault with this decision? (No). (Paras 23 & 24)
(vi) National Security Act, 1980 – Section 3(1) and (2) - Constitution of India - Art. 32 Challenge to detention order - Petitioners detained in Naini Jail, Allahabad - Prayer for transfer to Tihar Jail, Delhi - Authorities affording all facilities of officers of British High Commission to meet detenues - Transfer whether be permitted? (No) (Para 27) – result - Writ petitions dismissed.
JUDGMENT
Venkatachala, J. - This is a joint Writ Petition under Article 32 of the Constitution filed by Mr. David Patrick Ward as Petitioner-1, Mr. Steven Hillman as petitioner-2, both being British Nationals, challenging the legality of the Detention Orders dated 31st January, 1992 made against them under sub-sections (1) and (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the Act) and seeking their release forthwith by issuance of Writs of Habeas Corpus to Respondents: (1) the Union of India, (2) the State of Uttar Pradesh, (3) the State of Nagaland.
2. Detention order made against each petitioner discloses that it had been made by Nagaland State Government with a view to prevent the concerned petitioner from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, the security of India, the security of the State of Nagaland and maintenance of public order. The ground of detention pertaining to each detention order being common and in identical terms, reads:
"On 30th January, 1992 around 2030 hrs, four vehicles i.e. A/Car NLK-8701, A/Car NLH-6103, Tata truck NLH8093 and Maruti Gypsy NLH-1115 were moving on road from Meluri to Kiphire. When they were signalled to stop by a patrol of 14 A.R. near Meluri, instead of stopping, fire was opened on the 14 A.R. patrol from M/Gypsy in which one rifleman of A.R. No. 143685 Shri Praveen Das was hit on the right shoulder. Assam Rifles returned fire on the M/Gypsy killing Nipielie Chucha on the spot. At this, the occupants of the front three vehicles raised their arms and came out and were arrested by Assam Rifles. The arrested at this time included British national Shri Hillman Stephen Neil, nine insurgents and three drivers of these vehicles. Some documents, one diary and cash amounting to Rs. 8286/- were recovered. One Chinese LMG and three Chinese rifles with 107 rounds of ammunitions, two VHF radio sets, one video camera with 30 cassettes, one Pentex camera and a video camera charger set were also recovered. In the meantime, M/Gypsy being the last vehicle quickly turned back and went towards Jessami. This Maruti Gypsy was finally intercepted around 2230 hrs by the 111BSF jawans near Lanyie Bridge. From the M/Gypsy British National David Patrick Ward and one insurgent were arrested and the dead body of one insurgent was also recovered. Also from this M/Gypsy Rs. 3975/- in cash, 20 US Dollars, three self cheques of 2,000/- each and nine rounds of ammunition were recovered.
The list of the persons arrested from these four vehicles is as follows:
David Patrick Ward
Stephen Neil Hillman
SS 2/Lt Vevochu S/o Mr. Vepahi
SS Sgt. Major Cupanyi s/o Mr. Thevio
SS Sgt. Major Nasu S/o. Chasli.
SS Sgt. Major Vetsoswu s/o. Vekuye
SS :/Cpl Veshukho S/o. Vekhije
SS Pvt Sheiveyi S/o Mr. Javesayi .
SS Pvt. Mudokho s/o Mr. Veswoiita
Sri Kolezo Chase s/o. Mr. Zakievilie Chase
Mr. Kholieveio s/o. Mr. Nivepfuo
Mr. Zhopra s/o. Mr. Sashito
Mr. Khriliehu S/o. Mr. Moni Angami.
Mr. Vilapralie S/o. Mr. Neisatuo.
Mr. Wakedo s/o. Shri Nguchieni
It would be seen from the names mentioned above that you were a part and parcel in carrying out activities which are prejudicial to the following:
Defence of India
Relations of India with foreign powers
Security of India
Security of State of Nagaland
Maintenance of public order."
While the said ground of detention is put under the head "Schedule" in the Annexure to the Grounds of Detention communication, the latter is addressed to each petitioner by furnishing the following information for his guidance:
"You have a right to make a representation to the State Government against above-said order. You have also a right to claim personal hearing before the Advisory Board."
3. Each petitioner being served with the detention order made against him along with the ground of detention on 4.2.1992 is detained in pursuance thereof. Both the petitioners being lodged in 1/5 G.R. at Jessami Jail, to begin with, are shifted on 12.
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