GUDDU ALIAS SHAMSHER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This habeas corpus petition has been filed by Guddu alias Shamsher for quashing the detention order passed against him and setting him at liberty forthwith.

(2.) The District Magistrate, Ghaziabad, passed an order on 6-1-2000 under Section 3(2) of the National Security Act (hereinafter referred to as the Act) for detaining the petitioner Guddu alias Shamsher with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(3.) The detention order and also the grounds of detention were served upon the petitioner on the same day, i.e. on 6-1-2000 in jail as he was in judicial custody in respect of an offence being case Crime No. 235 of 1999 under Sections 363, 366, 376, IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of P.S. Ganmukteshwar. The ground of detention relates to an incident which took place at about 12 in the night of 2/3-8-1999. The petitioner along with his companions, armed with pistol and guns, came to the house of Smt. Sheela Devi widow of Murari Lal, resident of Manak Chow, P.S. Ganmkteshwar and forcibly carried away her 13 years old daughter Sunita in a tractor. The petitioner and his companions constantly threatened her with firearms and repeatedly raped her. Thereafter, he brought her in a tractor and threw her in front of the panchayat in Manak Chowk at about 10 p.m. on 3-8-1999.