ABID Vs. UNION OF INDIA

JUDGEMENT

(1.) In both the aforesaid writ petitions, questions of fact and law involved are similar and they can be decided by a common judgment against which learned counsel for the parties have no objection Writ Petition No. 54932 of 1999 shall be the leading case.

(2.) In both the petitions, petitioners have challenged the orders dated 22/06/1999, passed by District Magistrate, Moradabad under S. 3(2) of the National Security Act, 1980, hereinafter referred to as 'Act,' under which they have been detained. Petitioners were served the grounds of detention on which basis detaining authority formed his subjective satisfaction for detaining petitioners under the Act.

(3.) The allegations against petitioners contained in the grounds are that on 1-12-1998, the prominent exporter Sri Inamul Haq s/o late Sri Abdul Latif, r/o 231, Lajpat Nagar, Moradabad was kidnapped by petitioner and his companions in Maruti Car No. D.D.U. 3152 while he was travelling on a Rickshaw and was on way to his firm M/s. Haq Brothers. A case was registered as Case Crime No. 1217 of 1998, under Ss. 364, I.P.C. at Police Station Katghar, district Moradabad. It has been stated that the aforesaid Inamul Haq was kept in confinement for six continuous days by petitioner and his companions. He was terrorised and was released only when his family members paid 20 lacs as ransom. From the aforesaid incident, entire community of exporters and businessmen fell under fear and terror and a sense of insecurity prevailed all over they closed their business establishment and the business in the city was badly affected and lakhs of persons employed in such business establishments were rendered jobless and they faced problem of bread and butter. This incident also adversely affected export of items. Public order in the town was totally disturbed. In ground No. 2, it has been stated that on 6-12-1998 information was received that few miscreants with the amount of 20 lacs realised as ransom for release of Inamul Haq are trying to leave the town. On this information, the Senior Superintendent of Police with the police force was checking the vehicles at Kashipur barrier crossing. At that time, petitioner with his companion Naushad came in a white Maruti car and on seeing the police persons at various points, ran away after hitting the barrier. Police chased petitioner and his companion, who fired at police force with the intention to kill them. The traffic on both sides of the road was stopped and commotion prevailed there police force asked petitioner and his companion to surrender and also fired in reply. On realising that he has been surrounded by police from all sides, petitioner left Maruti car and started running. Petitioner and his companion Naushad were ultimately over powered by the police. On search, an amount of Rs. 50,000.00 was recovered from them which was part of Rupees 20 lacs paid as ransom. Police also recovered firearms and cartridges, drugs, one cellular phone and Maruti car which was used for kidnapping Inamul Haq. On the pointing out of petitioner, from dense forest of Tarapur his other companions namely Kadir s/o Kallu, Mohd. Ahmad s/o Mohd. Afzal, Mahendra s/o Satendra Nath, Mohd. Farooq s/o Rais Bux, who were all involved in kidnapping of Inamul Haq, were also arrested. From their possession also illicit firearms, cartridges and drugs were recovered. From the house of brother-in-law of Mohd. Ahmad, situated in Mohalla Asalatpura, Police Station Galsaheed, remaining amount of Rs. 19,50,000.00 was also recovered at the pointing out of petitioner. On basis of the incident dated 6-12-1998, cases were registered as case Crime No. 1225 of 1998, under S. 307, I.P.C., Case Crime No. 1226 of 1998, under Ss. 18/20 N.D.P.S. Act at Police Station Katghar. It is alleged that on account of the activities of petitioner and his companions the traffic on the National Highway going towards Tajpur Road was stopped and it disturbed the public order. In Ground No. 3, it has been stated that on 11/06/1999, the National body of exporters namely Export Promotion Council for Handicrafts, New Delhi sent a letter to Senior Superintendent of Police, Moradabad by Fax. The body expressed its concern and also informed that the persons accused of kidnapping Inamul Haq are going to be released on bail and if they are allowed to come out, the exporters of Moradabad shall be rendered insecure. A demand was made that adequate security may be provided to exporters of Moradabad. In Ground No. 4, it has been stated that the Sub-Inspector Govind Singh and Constable Devendra Singh of Police Station Katghar gathered information on 11/06/1999, that petitioners-Abid and Farooq and his companions Kadir, Naushad, Mohd. Ahmad and Mahendra have claimed that they are going to be released on bail soon and after release they will again kidnap Inamul Haq and kill him. On account of this threat a fear has set in among people. This beat information was recorded vide report No. 51 at 10.30 p.m. on 11/06/1999. The S.O., Police Station, Katghar enquired into this report and found it correct. In Ground No. 5, it has been stated that on 14/06/1999, the Deputy Superintendent of Police (Intelligence), Moradabad also gave a confidential report to Senior Superintendent of Police, Moradabad that on account of the efforts made by above petitioners and other persons to come out on bail and fear and terror has prevailed and there is a feeling of insecurity. He also recommended that the adequate steps be taken to prevent reoccurrence of such incidents.