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1988 Supreme(P&H) 309

HARBANS SINGH RAI
Harpal Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Harbans Singh Rai, J.

1. Petitioner Harpal Singh son of Pritam Singh, resident of Sahabpur Dayal, P.S. Tarn Taran, District Amritsar, was detained pursuant to the order of detention dated March 29, 1988, Annexure P-1 issued by the District Magistrate, Amritsar, under Section 3(2) read with Section 3(3) and 14(A) of the National Security Act, 1980 . The petitioner had been arrested in FIR No. 34, dated February 8, 1988, under Section 216-A, IPC and 3/4 T.A.D.A. Act registered in Police Station, Sadar Tarn Taran. While the petitioner was in jail, the District Magistrate passed the said order. The petitioner made a representation to the State Government through Superintendent of Jail, Amritsar, on April 11, 1988, but nothing came out of that. The detention order has been passed on the ground that the petitioner had conspired at the Behak of his father Pritam Singh situated in the area of village Sahabpur Dyal to the effect that Khalistan is to be created within India which amounted to an offence and a case mentioned above vide FIR No. 34 had been registered. The grounds given in the detention order Annexure P-2 are as under :-

"1. That on 8.2.1988, ASI Joginder Singh of Police







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