RAIS KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution for issuance of writ of habeas corpus and for quashing the impugned orders dated 11/03/2014 passed by the District Magistrate, Durg and dated 18/09/2014 passed by the State has been preferred by the detenu (through his brother) who has been directed to be detained for a period of 12 months from 11/03/2014 i.e. the date of order passed by the District Magistrate.

(2.) The Superintendent of Police, Durg submitted a report before the District Magistrate to the effect that the petitioner is a habitual offender and has done such pre-determined and well designed acts which has infuriated communal passion resulting in serious damage to communal harmony inasmuch as the petitioner has made objectionable comments concerning the deities of a particular religion in his facebook page. The Superintendent of Police reported that such act of the petitioner had the design and there is fear of communal riots. Because of the communal tension the members of the petitioner's community also became afraid and people belonging to both the religion started assembling at different places of Durg town. Demonstration and procession were carried out in different localities of the town within the jurisdiction of PS Mohan Nagar, PS Kotwali, Durg, PS Bhilai Nagar, PS-Supela, PS- Jamul, PS-Bhilai Bhatthi, PS-Purani Bhilai, PSKumhari, PS-Chhawani and PS-Newai. The petitioner was involved in other criminal cases, viz. (a) under Section 395 of IPC, Crime No. 384/11, PS Mohan Nagar for an incident which happened on 06/07/2011, (b) under Section 147, 148, 427 of IPC, Crime No. 477/13, PS Durg for an incident which happened on 25/05/2013, (c) Istgasa No. 474/11 was filed in the Court of SDM, Durg for an incident which happened on 01/08/2011, under Section 107, 116 and 151 CrPC, (d) Istgasa No. 149/12 was filed in the Court of SDM, Durg on 12/03/2012 for offence under Section 107, 116(3), 151 CrPC, (e) vide Rojnamcha Sanha No.1 registered on 5/3/2014 at 00.25 hours at PS Mohan Nagar for an incident occurred on same day, (f) vide Rojnamcha Sanha No. 57, 58, 59 and 60 registered at PS Mohan Nagar at the instance of complainants Acharya Nilesh Sharma, Vijay Agrawal, Rahul Pandit and Amit Soni for similar allegations, (g) vide Rojnamcha Sanha No. 69 registered on 05/03/2014 at PS Bhilai Nagar wherein similar allegations have been leveled, (h) vide Rojnamcha Sanha No.56 registered at Civic Center area of Bhilai Nagar, Sector 10, Sector 7, Sector 8, Sector 6 Market and Supela Market on 06/03/2014 concerning similar allegations, (i) Rojnamcha Sanha No. 30 was registered at PS-Newai on 7/3/2014 on the allegations that on account of posting of objectionable matters on social networking site, there was tension between Hindu and Muslim communities, (j) Rojnamcha Sanha Nos. 42 and 31 were registered at PS Jamul concerning similar allegations, on 06/03/2014 and 07/03/2014, (k) on 5/3/2014 and 7/3/2014 Rojnamcha Sanha Nos. 62 and 39 were registered at PS Chhawni for similar allegations, (l) on 5/3/2014 and 6/3/2014 Rojnamcha Sanha Nos. 30 and 27 were registered at PS Kumhari for similar allegations,

(3.) For the incident which was the immediate cause for submitting report by the Superintendent of Police, Crime No. 118/14 was registered against the petitioner at PS-Mohan Nagar for offence under Section 295 A of IPC and under Section 66 A of IT Act on 04/03/2014 and the petitioner was arrested on 05/03/2014.