KULDIP SINGH AND BITTU Vs. STATE

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the detention order dated 7-12-1989 passed by Commissioner of Police, Delhi under Section 3(2) of the National Security Act. 1980. By the said order it was directed chat the petitioner be kept in Central Jail, Tihar, Delhi. It is mentioned in the detention order that the petitioner is an active criminal of the area of Police Station Saraswati Vihar. Delhi, who has indulged in acts of violence, murder attempt to murder, riots, robbery, wrongful confinement, abduction, .mack on public servant, criminal intimidation. house tresspass and offence punishable under the Arms Act. It is also mentioned in the detention order that the petitioner was involved in many criminal cases in the area of Union Territory of Delhi The following cases were referred therein us background to show the criminality of the petitioner : (1) P.S. Punjabi Bagh, FIR No. 250 dated 21-6-1982 under Section 302/34 Indian Penal Code, in which case the petitioner was acquitted; (2) PS. Saraswati Vihar, FIR No. 65 dated 233-1986 under Sections 147/148/149/324/452 IPC. this case is pending trial : (3) P S Connaught. Place, FIR No. 490 dated 5-9-1988 under Section 394/398/342/34 Indian Penal Code and 25/27/54/59 Arms Act In this case the petitioner armed with 'Desi Katta' and a knife compelled a person and his friend to take off their clothes and took nude photographs in a room in York Hotel, New-Delhi He also snatched a gold chain and thereafter locked both the persons in the bathroom. The petitioner was apprehended and his disclosure statement admitting his involvement in the above case was recorded. He was arrested in this case but later on was discharged as he was not identified by the witnesses; (4) P.S. Saraswati Vihar, FIR No. 98/9-3-1983 under.Section 323/34 Indian Penal Code In this case the allegation against the petitioner is that he along with one unknown person stabbed one Ashok Kumar on the back and left hip because ot enimical relations. The case is pending investigation ; (5) P.S. Partap Nagar, FIR No. 79 dated 4 8 1989 under Section 307/365/511/720 B Indian Penal Code This case against the petitioner relates to kidnapping and attempt to murder of one Parveen Sethi The case is pending trial against the petitioner; (6) P.S. Shalimar Bagh, FIR No. 238/26-11-1989 under SectioH506 Indian Penal Code and 25/27/54/ 59 Arms Act. In this case petitioner along with other persons is alleged to have threatened one Raja Sareen showing a sword and a revolver. The petitioner was arrested and the case is pending investigation.

(2.) . It is further stated in the detention order that from the activities of the petitioner it is evident that he is a desperate and dangerous criminal and his activities have proved himself to be a menace to the public at large. It is also evident that be hires himself out to persons who wish to intimidate other people His arrest/prosecution in a number of cases have not deterred him from his criminal/violent activities which arc prejudicial to the maintenance of public order Keeping in view his activities it has been felt necessary to delain him under Section 3(2) of the National Security Act, 1980 so that his criminal/violent activities which are prejudicial to the maintenance of public order can be stopped. It is this order which is under challenge.

(3.) . I have heard the learned counsel for the parties at length. At this stage it is necessary to state that the petitioner moved application for bail and was enlarged on bail in all the cases. But on 13-12-1989 he surrendered himself in the Court of the Metropolitan Magistrate alter getting his bail bond cancelled and was remanded to judicial custody. The detention order was communicated to the petitioner on 14-12-1989 while he was already in Central Jail, Tihar.