DHARAMVIR KASHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is by Dharambir Kushwaha, General Manager, Dala Cement Factory, Dala, Distt. Sonbhadra for issuing a writ of Habeas Corpus or any other writ or direction commanding the respondents to forthwith release the petitioner from detention and also for a writ for quashing the order dated 6-6-91 passed by the District Magistrate, Sonbhadra, under section 3 (3) of National Security Act. 1980 (here-in-after referred to as the Act).

(2.) BEFORE actually considering the order of detention of the petitioner, brief facts leading to the arrest and detention of the petitioner would be necessary.

(3.) IT is stated by the petitioner that the State Government was keen to deliver the physical possession of the Dala Cement Factory to the representatives of Damlia Industries at the earliest. Thus under the directions of the State Government large contingent of local police and P. A. C. was posted at the Dala Cement Factory on 2-6-91. The employees and workers of the factory who were peacefully demonstrating and protesting against the action of the Administration. The petitioner submits that the police and the Mate Authorities on 2nd of June 1991 indiscreminately lathi charged and used lire arms over the peaceful workers and employees of the factory, who were agitating against the privatisation of the Factory. About 40 persons had died and very large number of persons had received injuries. The petitioners have annexed the news paper of 3rd June 1991 showing the firing of about 200 rounds and about the death and injured workers of the Factory.