JOGINDER ALIAS DANNY Vs. UNION OF INDIA

JUDGEMENT

(1.) In these petitions, the petitioners who are related as brothers have challenged their detention orders dated 30.1.2002 passed by the Commissioner of Police, Delhi under Sub-section (2) of Section 3 of the National Security Act, 1980, with a view to prevent them from acting in any manner prejudicial to the maintenance of public order.

(2.) Brief facts germane to the passing of the impugned detention orders are similar but not identical and, therefore, the need to recapitulate the facts and circumstances relateable to the detention orders in each case. In the petition in Writ Petition No. 359/2002 Joginder @ Danny son of late Shri Nathu Ram, resident of C- 639-40, Mangol Puri, Delhi, it is alleged that he is a desperate and hardened criminal of the area of Police Station Mangol Puri. He belongs to Sansi tribe and his parents and most of his brothers and sisters are registered BCs (Bad Characters) of Police Station, Mangol Puri, Delhi. He committed his first crime i.e. an offence under the NDPS Act at the young age of 15 years and since then he has been continuously involved in a number of crimes viz. theft, attempt to murder, snatching, robbery, dacoity, house-trespass, criminal intimidation etc. As many as 18 cases were registered against him between the period 20.12.1999 to 24.11.1999 at different police stations within the territory of Delhi, the last three cases being FIR No. 878 dated 27.10.1999 under Sections 395/397/412, IPC, Police Station Punjabi Bagh, FIR No. 389 dated 23.11.1999 under Sections 379/411, IPC, Police Station Lodhi Colony and FIR No. 998 dated 24.11.1999 under Sections 398/395/397/412/506 (II)/468/ 411 / 120-B/34, IPC, Police Station Paschim Vihar. The trial in respect of these three cases were stated to be pending at the time of passing of the detention order while in rest of the 14 cases the petitioner Joginder is stated to have either been discharged or acquitted after trial. The Detaining Authority taking note of the above criminal activities of the petitioner more particularly those relateable to the last three criminal cases registered against him concluded that the petitioner Joginder @ Danny is a dangerous and desperate criminal, whose activities are prejudicial to the maintenance of public order and his arrest and prosecution in a number of cases has not deterred him from indulging in criminal activities. Yet another factor which has weighed with the Detaining Authority in passing the impugned order is that the petitioner though was lodged in Tihar Jail in case FIR No. 898/99 Police Station Punjabi Bagh, Delhi but had been granted bail in that case by Shri Satnam Singh, Additional Sessions Judge, Delhi and, therefore, there was every apprehension that he will be released shortly and keeping in view his past criminal activities there was every likelihood that after release from jail, he will again start indulging in heinous crimes.

(3.) The facts and circumstances relateable to the detention in respect of the Writ Petition No. 359/2002 are that Rajinder @ Jinder, s/o late Shri Nathu Ram, r/o C- 639-40, Mangol Puri, Delhi he is an active desperate criminal of the area of Police Station Mangol Puri and has a criminal record of indulging in offences like attempt to murder, robbery, dacoity, obstructing the public servants in discharge of official duties, theft, house trespass, criminal intimidation, wrongful restraint, forgery, drug-peddling and hurt. It is alleged that he belongs to sansi Tribe and his parents and most of his brothers and sisters are registered BCs of Police Station Mangol Puri. He also remained involved in the cases punishable under the Arms Act. The petitioner Rajinder @ Jinder started his criminal activities in the year 1985 at the age of 15 years. As many as 22 cases were registered against him during the period 30.10.1985 to 24.11.1999 at different police stations within the territory of Delhi. The last four cases being FIR No. 878 dated 27.10.1999 under Sections 395/397/412, IPC, Police Station Punjabi bagh, FIR No. 998 dated 24.11.1999 under Sections 39S/397/ 398/506-11/412/468/411/120-B, IPC, Police Station Paschim Vihar and FIR No. 1035 dated 13.12.1999 under Section 25 of the Arms Act, Police Station Paschim Vihar. Apart from this he was also involved in DD No. 9 dated 3.7.2000 under Section 103 of the Delhi Police Act, Special Staff (W), Police Station Paschim Vihar. Out of 22 criminal cases registered against him, he has been acquitted in 8 cases, convicted in 3 cases and has been released in 1 case and 10 cases are still pending against him. The Detaining Authority taking note of the above criminal activities of the petitioner more particularly those relateable to the last four criminal cases registered against him had concluded that the petitioner Rajinder @ Jinder is dangerous and desperate criminal, whose activities are prejudicial to the maintenance of public order and his arrest and prosecution in a number of cases has not deterred him from indulging in criminal activities. Yet another factor which has weighed with the Detaining Auhtority in passing the impugned order is that the petitioner though was lodged in Tihar Jail in case FIR No. 898/99 Police Station Punjabi Bagh, Delhi but had been granted bail in that case by Shri Satnam Singh, Additional Sessions Judge, Delhi and, therefore, there was every likelihood that he will be released shortly and keeping in view his past criminal activities there was every apprehension that after release from jail, he will again start indulging in heinous crimes.