ABHIMANYU SINGH ALIAS DAMPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This habeas corpus petition has been filed for setting aside the order of detention dated 17.11.2009, passed by District Magistrate, Jalaun at Orai against the Petitioner Abhimanyu Singh alias Dampal under Section 3(2) of the National Security Act (hereinafter referred to as the 'Act').

(2.) The detention order was passed on the grounds that on 10.8.2009 at 12.30 p.m. at Block Office Campus, Nadigaon, the Petitioner and his companions prevented Sri. Bhagirath Sharma from filing nomination papers for the post of Sanchalak of Sadhan Sahkari Samiti. On intervention by one Sri. Gauri Shankar, the Petitioner and his companions abused him and assaulted him causing injuries. On the same day at 1 p.m., another candidate Sri. Govind Singh was also prevented from filing nomination papers and he was also beaten by the Petitioner. Firing was also resorted to causing injuries to Sri. Govind Singh. This incident caused a great feeling of fear and panic amongst the members of the public, public order and election process were also disturbed.

(3.) District Magistrate apprehended that bail might be granted to the Petitioner by the Court and there was apprehension that the Petitioner would again involve himself in the aforesaid criminal activities affecting public order, hence it was thought necessary to preventively detain the Petitioner.