ABDUL HAMEED Vs. COMMISSIONER OF POLICE COIMBATORE

JUDGEMENT

(1.) The petitioner herein is the father of one Haleel Rahman alias Kaleel and seeks to challenge the order dated 29-7-1999 passed by the Commissioner of Police, Coimbatore under the provisions of Section 3(2) of the National Security Act, 1980, directing the detention of the said Haleel Rahman alias Kaleel, hereinafter referred to as the detenu for the sake of convenience, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) In support of this order, a number of grounds are suggested. It is stated that the said detenu is the sympathizer of the banned organisation called "Al-Umma" and has established close contacts with Zulfikar Ali alias Appa Kutty alias Thulfukar Ali and Hakkim alias Pavadai Hakkim. It is further suggested in the grounds that one Jahir Hussain has hatched a conspiracy along with the detenu at Palani and Madurai to plant a bomb at the Police Quarters which were being constructed in Coimbatore. This was done as a retaliatory step to the harsh treatment meted out to the Muslim prisoners at Central Prisons in Tamil Nadu. It is suggested that the detenu participated in this conspiracy and proceeded to Madurai on 28-5-1999, met Jahir Hussain and received the bag containing a bomb and xerox copies of hand written pamphlets at the house of Sathakathulla and received further instructions about the bomb and the plans to plant the said bomb at the Police Quarters. He returned to Coimbatore on the night of 28-5-1999 and transported the said bomb to Sheik Mohammed Ummer Sha alias Raju's Engineering Company at Nanjundapuram Ettari along with Abdul Nazeer. It is then suggested that on 30-5-1999, the detenu thereafter took the bag containing the bomb with the help of one Abdul Jaleel to the Police Quarters and planted the same. However, he could not switch on the bomb as he had to escape in haste. The grounds further suggest that the Inspector of Police, Law and Order, B-1 Bazaar Police Station conducted searches under the instructions of the Commissioner of Police at the Police Quarters and detected a Ruf and Tuf rexin bag containing a time devised bomb in a Zinc box with two switches. The said bomb along with the bag was seized and defused and an offence under Section 4(b) of the Explosive Substances Act was registered in B-1 Bazaar Police station vide : Crime No. 1163/99. The grounds further suggest that on 30-5-1999, the Inspector of Police, CB CID, Coimbatore, took up the investigation along with the police and arrested the detenu near coconut grove and recorded his confession statement in the presence of witnesses on 3-6-1999. It is suggested that on the basis of the information and the confession statement of the detenu, the house of Sheik Mohammed Ummer Sha alias Raju was searched and a big shopper bag containing bomb and same pamphlets were seized. The detenu, thereafter, was produced before the Judicial Magistrate No. V, Coimbatore on 4-6-1999 and remanded to the judicial custody. His custody was further extended from time to time. The grounds further suggest that the investigation reveals the conspiracy hatched by Jahir Hussain along with the detenu and others at Palani and Madurai to take retaliatory action by planting bomb and that in pursuance of the said conspiracy, the detenu had planted the bomb using the Motor Cycle TN 37-F 4786. It is then suggested that the news about the seizure of the bomb from the new police Quarters had made the general public shell shocked and a feeling of great scare prevailed in the city. It is expressed that had the bomb exploded as per their plan, there would have been loss of lives and damages to the properties in great measure; so also the law and order and the communal harmony would have been at peril. It is then suggested that the detenu's close association with Zulfikar Ali alias Appa Kutty alias Tulfukar Ali, Hakkim alias Pavadal Hakkim and Abdul Nazeer, his visit to Madurai on 26-5-1999 and his visit to Santhakuthulla's house with Jahir Hussain, his meeting with Santhkathulla, TADA Moosa, Sultan, Ummer Farook and Rizwan alias Ammaani, his receiving the bag containing the bomb and the pamphlets fromJahir Hussain and his further activities of planting the bomb were established from the records. There is also a reference made in the grounds to the evidence gathered in shape of statements of witnesses viz., Manikandan, Muthusamy, Rajan, Shiva-kumar, Ganesen, Philip, Anwardeen, Nazar Ali, Biju, Jaffar Ali, Nazar, Yusuf and Nagaraja. There is also a reference to the confession statement of the accused persons and also 164, Cr.P.C. Statements of the accused before the Judicial Magistrate suggesting the involvement of the detenu. It is generally on these grounds that the detention has been ordered.

(3.) The learned counsel for the petitioner Mr. K. A. Jabbar has firstly contended that the detention order itself is vitiated because of the consideration of irrelevant material. According to the learned counsel, the connection of the detenu with "Al-Umma" and the activities with the "Al-Umma" were all irrelevant. The learned counsel pointed out that in the decision reported in AIR 1990 SC 1272 : (1990 Cri LJ 1311). (Vashisht Narain Karwaria v. State of U.P.) the Apex Court had held that the earlier reports by the Inspecting Officer, regarding the bad character of the detenu having been considered by the detaining authority, the detention order was vitiated. We have gone through the said judgment. We find that the facts are entirely different in Vashisht Narain's case, cited supra. In the first place, that was a case depending upon a single incident in which the detenu had created panic and terror at the place of auction of liquor shops. However, along with the grounds, four documents were also enclosed stating that the detenu was a hardened criminal and he had a gang under his control committing heinous crimes. It was held by the Supreme Court that since the averments touching the character of the detenu were extraneous, they were never referred to in the grounds. However, it was clear that the detaining authority had considered those documents which were sent by the sponsoring authority. It was under these circumstances that it was held that the concerned authority must have been influenced by these documents which were letters sent by the Senior Superintendent of Police, Allahabad. It was found by the Supreme Court that the contents of the letters were quite extraneous to the sole ground relied upon by the authority for detaining the detenu. It is because of that, that the detention was quashed. Such is not the case here. The reference to "Al-Umma" activities and the connection of the detenu with "Al-Umma" organisation and his hatching the conspiracy to create terror in pursuance of the objectives of that outlawed organisation cannot be said to be extraneous to the subject of detention. In fact, it was because of this connection that the further incident of planting the bomb has taken place. Under such circumstances, the ruling relied upon by the counsel for the petitioner has no consequence.