SURYA PRAKASH SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) We heard this writ petition on 26/7/1994 and on conclusion of the hearing passed the following order:

(2.) Pursuant to an order made by the District Magistrate, Meerut, on 1/2/1994 under Section 3 (3 of the National Security Act, 1980, Surya Prakash Sharma, the detenu, was detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Assailing the validity of the above order the petitioner filed this writ petition. The main allegation in the grounds of detention served upon the detenu is that on 1/1/1994 he along with his three colleagues brutally committed the murder of one Anil Kumar Jain in a thickly populated area of Meerut city by causing bullet injuries on his person. It is further alleged that due to the gruesome murder committed by the detenu and his colleagues a panic was created amongst the residents of Meerut and the normal life was completely disturbed and people started thinking themselves unsafe. It is lastly stated in the grounds of detention:

(3.) The learned counsel appearing in support of the writ petition contended that having regard to the admitted fact that the detenu was in judicial custody on 1/2/1994, the date of making of the impugned order, in connection with the case instituted over the murder referred to in the grounds of detention, there was no, nor could there be any, apprehension in the mind of the detaining authority that he (the detenu) would be indulging in any prejudicial activity. That necessarily meant that the satisfaction of the detaining authority to pass the impugned order was not a proper one, urged the learned counsel.