DINESH GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by Sh. Dinesh Giri son of Sh. Mahavir Giri, a detenu under the National Security Act, as a habeas corpus petition seeking for quashing and setting aside his order of detention dated 1.4.2004 passed by the Commissioner of Police, Delhi.

(2.) The Commissioner of Police, Delhi acting as the detaining authority and being so empowered under Sub-section (2) of Section 3 of the National Security Act, passed an order of detention in the case of the petitioner after recording his satisfaction that the petitioner is being detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(3.) Grounds of detention were also served on the petitioner. In the aforesaid grounds of detention, reference is made by the detaining authority to 29 criminal cases registered against the petitioner. It is also indicated therein that out of the aforesaid 29 criminal cases registered against the petitioner, the detenu has been acquitted in six cases, discharged in two cases, released in three cases whereas one case ended in compromise. Final report under Section 169, Cr.P.C has been submitted in two cases. It is further stated that 11 cases are pending trial and two cases are pending under investigation against him. It is also indicated in the said grounds of detention that except the case mentioned at Sr. No. 27 of the grounds of detention, in all other pending cases the petitioner has been granted bail. The grounds of detention also mention that the criminal activities as reflected from the cases registered against the petitioner clearly show that the petitioner is a desperate and and dangerous criminal whose activities are prejudicial to the maintenance of public order. The detaining authority has also indicated his awareness that the petitioner is in judicial custody at the time of issuance of the aforesaid order of detention in connection with FIR case No. 1203/2003 under Section 392, IPC. In that regard it was stated that he has already filed his bail application and that there is imminent possibility/apprehension that he might be granted bail and, therefore, keeping in view his past criminal activities, there is every apprehension/ imminent possibility that just after his release from jail he would again indulge in similar type of criminal activities which would adversely affect the maintenance of public order and, therefore, there is a necessity of issuance of such an order under the provisions of Section 3(2) of the National Security Act to prevent him from further committing similar criminal activities prejudicial to the maintenance of public order. It was also mentioned in the said grounds of detention that the petitioner could make a representation to the detaining authority, namely, the Commissioner of Police, Delhi or to the Lieutenant Governor, Delhi, Raj Niwas, under Section 8 of the National Security Act and also to the Advisory Board against his detention. The grounds of detention also indicated that the petitioner could file a representation to the Central Government, if he so desires, which should be made under Section 14 of the National Security Act. The Commissioner of Police, Delhi indicated in the said grounds of detention that in case such a representation is made to the Central Government the same should be sent at the following address through the Superintendent, Central Jail, Tihar, New Delhi: