BABLOO ALIAS MOHAMMAD HANEEF Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) By means of the impugned order dated June 24, 1999 the District Magistrate, Lucknow, exercising its powers under Section 3 (3) of the National Security Act, 1980, detained the petitioner in District Jail, Lucknow. The ground of detention discloses that on April 22, 1999 at about 3.20 p.m. one Sri Khalil lodged an F.I.R. that on the same day at about 2.35 p.m. when he was studying in B.Com. Ist year, ten or twelve students came on the spot including Deenu alias Rituraj, K.D., Brij Bhushan and others and they started forcing the complainant to go out from the class room. Some students came to his rescue. Thereafter the detenu and Deenu alias Rituraj with an intention to kill threw hand granades or bomb, which hit the wall and the channel of the gate. The bomb exploded with a noise as a result of which one Abhishek. son of Sri R. K. Srivastava was severely Injured. The petitioner and his colleagues made an effort to fire from their country made pistols, but the petitioner and his colleagues could not succeed in their effort and ran away after Issuing a threat to kill. In view of the throwing of the hand grenades or bombs within the compound of University. an atmosphere of fear and terror was created all around the campus. Public peace was disturbed and a first information report was lodged. Case Crime No. 211 of 1999 under Section 147/148/149/307. I.P.C. was registered read with Section 5 of the Explosives Substances Act.

(2.) On 23.4.99 the Station Officer. Hasanganj when reached on the spot found an atmosphere of fear and terror prevailed all around the campus. Students and teachers were badly disturbed. Commotion spread throughout the campus. The traffic was affected and the public order was disturbed. He submitted a report to the Senior Superintendent of Police. Lucknow, on 23.6.99. according to which it was indicated that the petitioner was a man of criminal tendencies and dare devil hardened criminal and due to his criminal activities an atmosphere of terror and fear has prevailed in the campus of the University as well as in the Lucknow City. Thereafter what has been indicated in the F.I.R. the Station Officer submitted his report to the Senior Superintendent of Police.

(3.) On the basis of the material produced before him, the District Magistrate was satisfied subjectively to detain the petitioner under Section 3 (3) of the National Security Act.