RAKESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the impugned detention order dated 23-8-2001 Annexure 1 to the petition passed under the N.S.A. A perusal of the grounds of detention shows that it is alleged that is on 27-6-2001 the petitioner and his two associates at about 4.30 P.M. shot dead one Sunil Kumar Singh on the National High Way because Sunil Kumar Singh was objecting to the petitioner getting the two ponds of the Gram Sabha released and had been doing pairvi to get the illegal possession of the petitioner over the said ponds vacated. Litigation was going on in this connection in various courts. The petitioner after the murder went with a revolver in his hand firing in the air to create panic and terror in the public on the road, and due to terror in the locality the shopkeepers closed their shops. The residents of the village ran to their fields and starting running here and there. There was terror in the area. There are allegations that the petitioner had earlier committed several crimes under various provisions of the Indian Penal Code including crimes under Sections 302, 307 I.P.C. etc.

(3.) A counter affidavit has been filed by the District Magistrate in which it has been stated that the District Magistrate was fully satisfied and when it was found necessary only then the preventive action was taken against the petitioner under the National Security Act because the activities of the petitioner had created terror and panic in the area.