RAKSHPAL SINGH AND Vs. DISTRICT MAGISTRATE MAINPURI

JUDGEMENT

(1.) These are seven writ petitions filed by Rakshpal Singh, Budhi Singh, Shyam Mohan, Jaswant Singh, Puran, Guddu and Jaspal Singh against their detentions vide order dated 24-6-1999 under S. 3(2) of the National Security Act (in short called as the 'Act'). The District Magistrate, Mainpuri, passed the above said orders of detention on the basis of a solitary incident, vide case Crime No. 137 of 1999 under Ss. 147, 148, 307 and 302/149, I.P.C.-, and as such all the above petitions are being dealt with by us by a common judgment.

(2.) The allegations, as contained in the grounds of detention, are that the petitioners in broad day light at about 4.00 p.m. on 16-5-1999, murdered Kallu alias Satyabeer, aged about 28 years, by resorting to fire at the turn of the road near the house of Sishupal Singh. They had also chopped his head. When the parents and the brother of the deceased, who were following him, tried to intervene to save him, they were also fired upon, but they managed to save their lives by hiding. The dead body of the deceased was dragged to Hanuman Temple, situate in front of Sishupal's house and there they shouted 'Jai Hanuman' repeatedly to celebrate their dastardly act. There was no end here. The body of Kallu was dragged to a distance of about 3 kms. up to the canal patri and it was cut into pieces and thrown in the canal to wipe off the evidence. As a result of the terror created by the petitioners, nobody came forward to save the deceased. People of the village bolted their doors and confined themselves inside their houses. Those, who were working in the fields and Khalihans, also moved away abandoning their jobs to places of safety. They succeeded in creating the terror psychosis which inevitably was their motto in the commission of this murder with such a brutality and barbarism. The body was searched in the canal, but nothing could be traced. Blood was found near the canal patri. A report of the incident was lodged at P. S. Aunchha, district Mainpuri and the case under the above said offences was registered against all these petitioners.

(3.) The witnesses came out of their houses after a considerable amount of persuasion by the police and the enquiry revealed the above said facts.