SANTOSH Vs. DISTRICT MAGISTRATE AGRA

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order of detention dated 15-1-2002 passed under the N. S. A. vide Annexure 1 to the writ petition. We have heard the learned Counsel for the parties.

(2.) THE grounds of detention have been annexed as Annexure C. A. 1 alongwith the counter affidavit of the District Magistrate. A perusal of the same shows that the allegation against the petitioner is that on 25-11-2001 at about 4 p. m. the petitioner took one Km. Shashi aged about 11 years to some bushes and threw her on the ground and raped her, and when she opposed this he tried to kill her. When Km. Shashi shouted several persons came on the spot and the petitioner threatened to kill them. THEre was bleeding from the vagina of Km. Shashi due to the act of the petitioner. Due to this act the peace of the locality was disturbed and dalits were terrorized and this disturbed the public order.

(3.) LEARNED Counsel for the petitioner submitted that it is a solitary incident but it is well-settled that even on the basis of solitary incident a valid detention order can be passed vide David Patrick Ward v. Union of India, JT 1992 (5) SC 163. In our opinion rape of a dalit girl of a tender age does affect public order. We find no merit in this petition and it is dismissed. Petition dismissed. .