JAI SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner detenu Jai Singh Yadav has impugned the order dated 10-1-2002 passed by the third Respondent Mr. Jeevesh Nandan District Magistrate, Lucknow, whereby he has been detained under Section 3 (2) of the National Security Act, 1980. The detention order alongwith the grounds of detention, which are also dated 10-1-2002, was served on the petitioner-detenu on 10- 1-2002 itself and their true copies have been annexed as Annexures No. 1 and 3 respectively to this writ petition.

(2.) THE prejudicial activities of the petitioner-detenu impelling the third respondent to issue the impugned detention order against the petitioner-detenu are contained in the grounds of detention (Annexure No. 3 ). A perusal of the grounds of detention would show that the impugned order is founded on a solitary C. R. namely C. R. No. 183/2001 under Sections 307, 504, 506 IPC (subsequently converted to Section 302, 307, 504, 506 IPC) of police station Cantt. District Lucknow, registered on the basis of a complaint dated 17-7-2001 lodged at the said police station by Ratan Lal Khandelwal. THE details pertaining to the said C. R. as contained in the grounds of detention in short read thus: On 17-7-2001 at 9. 30 p. m. the petitioner-detenu alongwith his associates Singar Yadav and Anil Singh went to the PCO cum- General Provision Store of Jagdish Prasad Khandelwal situated in Arjunganj Bazar and threatened to kill Jagdish Prasad Khandelwal because he resisted the illegal extortion of money from them. Singar Yadav instigated that Jagdish Prasad Khandelwal be killed. THEreupon the petitioner- detenu and his associates fired on him, resulting in his sustaining gun shot injuries. On the arrival of Ratan Lal and Sarvesh Singh, the petitioner-detenu and his associates in order to thwart the bid of the shop keepers from arresting them, fired towards them and told them that if they came near, they would be killed. On account of the said firing by the petitioner-detenu and his associates a fear psychosis was created in the market; shop keepers started running helter skelter and started closing their shops. After committing the said acts the detenu and his associates ran away.

(3.) WE have perused the averments contained in the supplementary affidavit dated 26-11-2002 filed by Smt. Ram Dulari and those contained in paras 5 to 11 of the supplementary affidavit filed by the detaining authority and the grounds of detention and are constrained to observe that there is no merit in the pleading contained in the supplementary affidavit filed by Smt. Ram Dulari.