RAM LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Challenge in this group of writ petitions is to the validity of detention pursuant to the order dated 26-6-1999 passed separately in each case, though on identical grounds, under sub-section (2) read with sub-section (3) of Section 3 of National Security Act, 1980 with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of the public order.

(2.) The ground of detention pertains to an incident of murder which took place on 9-6-1999 in broad day light at 11.30 in which Upendra son of Mam Chandra was brutally murdered and Smt. Shanti wife of Mam Chandra and Anand, brother-in-law of Mam Chandra were seriously injured. Case CRIME number 308 of 1999 under Sections 147, 148, 149, 302, 307, 504, 506, 34 IPC and Section 7 Criminal Law Amendment Act and case Crime No. 310 of 1999 under Section 25 (4) of Arms Act, 1959 were registered at P. S. Loni, district Ghaziabad on the basis of the said incident. The detenu Ram Lal and Man Singh were arrested on the spot along with their respective weapons used in the incident, Satish, petitioner of Habeas Corpus Petition No. 39612 of 1999 was also arrested on the spot. Since the detention orders under challenge in each of these writ petitions are grounded on the same incident and the questions of law and facts being common, these petitions were heard together for convenient disposal by a common order. Writ Petition No. 39581 of 1999 will be treated as the leading case. Facts herein mentioned are given with reference to the leading case of the detenu Ram Lal.

(3.) The detenu was in jail since 9-6-1999 where the order of detention was served on him on 26-6-1999 at 12.30 P.M. in District Jail, Ghaziabad. The petitioner preferred representation dated 17-7-1999 which was forwarded to the State Government as well as to the Central Government by the District Magistrate, Ghaziabad along with parawise comments vide letter dated 20-7-1999 sent through special messenger. The representation was received by the State Government on 22-7-1999 and the State Government sent it to the Advisory Board vide letter dated 23-7-1999. The representation was also considered by the State Government at relevant levels on 24-7-1999, 26-7-1999 and finally on 30-7-1999 on which date it was rejected by the State Government and the rejection was communicated to the detenu through district authorities vide Radiogram dated 2-8-1999. The representation along with enclosed character certificate and parawise comments forwarded by the District Magistrate, Ghaziabad to the Central Government as well vide letter dated 20-7-1999 was received at the concerned desk of the Ministry of Home Affairs, Central Government on 23-7-1999 and after due processing and consideration it was put up before the Under Secretary, Ministry of Home Affairs on 27-7-1999 and then before the Joint Secretary on the same day and ultimately before the Home Secretary who rejected the representation on 28-7-1999.