The order of detention was passed on January 7, 1988.
As a result of the companyspiracy hatched, you alongwith Balbir Singh made an unsuccessful attempt to loot the cash from the Cashier of Co operative Bank, R.S. Pura on 27.11.1986 in which you alongwith Balbir Singh were apprehended by the local people and handed over to police.
Accordingly, you along with Mohinder Singh and Pappi Ranjit Singh and Gurdev Singh attacked and caused serious injuries to Ishar Dutt, SI on 24.11.1985 who has become permanently crippled for the whole of his life.
You were later on acquitted by the honble High Court of J K State in the year 1979.
As such it was felt necessary to detain you under PSA of 1978 for the security of the State, for a period of 24 months so as to prevent you from companytinuing the nefarious activities Sd Ghanshyam IAS, District Magistrate, Jammu 4 Counsel for the petitioner first companytended that the activities attributed to the detenu are companycerned with two districts Jammu and Kathua The order of detention issued by the District Magistrate, Jammu is therefore, illegal since it ought to have been issued by the Divisional Commissioner of the Division or by the State Government Our attention was drawn to Section 8 2 of the Act But we do number find any sustenance therefrom to the companytention urged Section 8 2 does number state that in inter district, activities the Divisional Commissioner alone is companypetent to pass an order of detention.
You are still facing the said attempt to murder case.
Thereafter, you along with Mohinder Singh and Balbir Singh hatched a companyspiracy to loot a bank in order to procure money and to manage their bail in the attempt to murder case registered against you and others.
The grounds of detention are as under You started indulging in the terrorist activities right from your childhood.
It is companyroborated by the affidavit of Assistant Superintendent Central Jail Jammu.
Your remaining at large was a companystant security threat for the State.
You were released from Judicial custody on 16.12.1987.
It was also stated that he himself served the grounds of detention upon petitioner in Urdu language on February 18, 1988 and explained the companytents to lives these averment.
4 deals in detail other similar activities of the petitioner.
He was arrested on February 15, 1988 by J.K. Anand, Inspector CID, Jammu.
After your acquittal you went to Nepal and learnt driving and came back in the year 1984.
There then, the order reads Your above narrated activities are quite prejudicial and detrimental to the security of the State.
The order of detention dated January 7, 1988 was made by the District Magistrate, Jammu.
During the month of December, 1985, you had gone to Delhi with your truck where you met with your associated Mohinder Singh alias Pappi who introduced you to one Balbir Singh S o Bhan Singh R o Kurukshetra, Haryana, a hardcore extremist terrorist and an active member of AISSF.
The petitioner was number arrested on that day.
During the companyrse of time you developed intimacy with one Mohinder Singh alias Pappi a hardcore extremist terrorist, who had earlier been involved in a murderous assault and was arrested by ASI Ishar Dutt Sharma Now SI the then I C Police Post Miran Sahib as a result of which Mohinder Singh alias Pappi was much humiliated and pledged to take revenge.
At the stage of 16 years, you companymitted a double murder in the year 1978 in which you were companyvicted for life imprisonment by the Session Court, Kathua.
You have links with hardcore extremists like Balbir Singh S o Bhan Singh, Mohinder Singh alias Pappi etc.
He has filed an affidavit stating that he arrested the petitioner on February 15, 1988.
Power to detain has been companyferred on the Divisional Commissioner as we las the District Magistrate.
You have also been introduced to numberorious Pak Smugglers Agents through whom you procure arms and ammunition which was to be used in terrorist disruptive activities.
3 Ground No.
Jagannatha Shetty, J. In this writ petition under Article 32 of the Constitution, the detention of Swaran Singh, the petitioner under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 the Act has been challenged.
The latter has stated that the detain was admitted in Central Jail, Jammu on February 15, 1988 in companypliance with the detention order through J.K. Anand, Inspector CID, Jammu.
