ABHAYRAJ GUPTA Vs. SUPERINTENDENT, CENTRAL JAIL, BAREILLY

JUDGEMENT

(1.) Heard Shri Daya Shankar Mishra, learned Senior Advocate, assisted by Shri Chandrakesh Mishra and Shri Abhishek Mishra Advocates, learned Counsel appearing for the petitioner, Shri Syed Ali Murtaza. learned Additional Government Advocate for the State-respondents (1) Superintendent, Central Jail, Bareli, (2) the District Magistrate, Shahjahanpur and (3) the State of Uttar Pradesh and Ms. Sadhna Singh, learned Standing Counsel for the Union of India.

(2.) The instant Writ Petition under Art. 226 of the Constitution of India has been filed by the petitioner Abhay Raj Gupta, who is in custody in Central Jail, Bareilly, through his mother, seeking issuance of a Writ of Habeas Corpus challenging his detention under an order dtd. 23-01-2021 passed under Sec. 3 (2) of the National Security Act, 1980 [NSA, 1980] and the entire consequential proceedings and continued detention as being illegal and unconstitutional and a prayer has been made to issue a Writ of Mandamus commanding the respondents to release the petitioner from custody.

(3.) The detention order dtd. 23-01-2021 states that the District Magistrate has been satisfied that it has become necessary to pass a detention order under Sec. 3 (2) of the NSA, 1980 to prevent the petitioner from acting in any manner which would be prejudicial to the maintenance of public order. The grounds of detention are contained in a separate communication of the same date issued by the District Magistrate, which narrates the incident which led to the passing of the detention order. As per the report given by the informant, the deceased Rakesh Yadav accompanied by Kuldeep Jaiswal alias Sonu, Driver Shadab and the informant, reached the P.W.D. Office at about 01:15 p.m. on 02-12-2019. Three unidentified persons present there started firing at Rakesh Yadav with the intention to kill him. As soon as Kuldeep Jaiswal alias Sonu took aim with the licensee pistol of Rakesh, they fired at him also. People starting running away. Rakesh Yadav was killed and Kuldeep Jaiswal was admitted for treatment. On the information of the brother of the deceased, Case Crime Number 837/19 under Ss. 302, 307 IPC was registered on 03-12-2019 at 00:53 in Police Station Sadar Bazar, Shahjahanpur.