SHASHI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This habeas corpus petition has been filed for setting aside the order of detention passed against the Petitioner Shashi Kumar Yadav under Section 3(2) of the National Security Act, dated 21.3.2009 by District Magistrate, Chandauli.

(2.) The detention order was passed on the grounds that the Petitioner was involved in supplying explosives to the nexalite organisations. On 31.1.2009 at 1 p.m., a police party under leadership of Sri R. K. Ram, Inspector, P. S. Chandauli, checked bus No. U.P. 65-R-9305. On search, 275 explosives detonators were recovered from the possession of the Petitioner, whereas 275 detonators were recovered from the possession of the co-accused Manjoor Rajdhar and 250 detonators were recovered from the possession of Sikandar Ram. The Petitioner had no licence to possess the above detonators. These detonators were to be sold to nexalite organisations who were involved in violent activities against public and the security forces, creating a feeling of fear and panic in the public mind and affecting the public order. District Magistrate apprehended that the Petitioner was trying to obtain bail from the Court and if the Petitioner was granted bail, there was apprehension that he would again involve himself in the aforesaid anti-national activities affecting the public order and peace, hence, it was thought necessary to preventively detain the Petitioner.

(3.) We have heard Sri Ramanuj Yadav, learned Counsel for the Petitioner, Sri Sudhir Mehrotra, learned Counsel for the Respondent Nos. 2 to 7 and Sri V.K. Nagaich, learned Counsel for Respondent No. 1 Union of India.