JANU Vs. STATE OF U P

JUDGEMENT

(1.) Counter and rejoinder affidavits have been exchanged between the parties.

(2.) By means of this petition, petitioner has challenged the detention order dated 4.8.2011 passed by the District Magistrate Kannauj, respondent no.2 by which the detaining authority in exercise of its power under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) has ordered the petitioner to be detained in district jail of Kannauj under respondent no.3 on the grounds of detention as required under Section 8 of the Act. The detention order has been passed by respondent no.2 on the basis of single incident which is alleged to have taken place on 5.4.2011 at about 4 p.m. in which minor daughter of Smt. Parveen wife of Gaffar, namely, Mantasha aged about eight years had become untraceable while she was playing outside the house and her mother and other neighbours had went in search of her but her whereabouts could not be known to anyone. Smt. Parveen lodged a missing report at police station Kotwali Kannauj regarding missing of her daughter which was registered by G.D. No. 72 at about 20:45 hours at the concerned police station. Thereafter on 6.4.2011 at about 9:45 p.m., the informant Mohd. Irfan S/o-Mohd Gaffar lodged a First Information Report at the said police station that his sister Mantasha, who was playing outside the house at about 4 p.m. had been abducted and kidnapped on 5.4.2011 for which his mother Smt. Parveen and other family members had tried to search her but she could not be traced and her mother had lodged a missing report on 5.4.2011 at the said police station. On 6.4.2011, the informant along with other neighbours was going in search of Km. Mantasha then on the way he met Imran and Sanu, who were residents of his locality who told him that Janu S/o-Mohd Din, who was his neighbour had been seen taking away Km. Mantasha on a motorcycle towards Boddhapurwa. The petitioner often used to tease the girls and also used to tease and harass the sister of the informant.

(3.) On the written report of the informant, an F.I.R. was registered at police station Kotwali Kannauj against the petitioner as Case Crime No. 218 of 2011 under Section 364, I.P.C. The petitioner is said to have been arrested on 6.4.2011 at about 11:30 hours and on his interrogation, he confessed his guilt that he had some love affairs with one Naznin for the last 3-4 months and if any information was to be given to Naznin then it was given through Km. Mantasha and after some time Mantasha refused to continue obliging the petitioner and used to tell him that she would complain about the same to her family members. On 5.4.2011, when Mantasha was playing outside her house at about 3-4 p.m., the petitioner called her on the pretext that he would take her for a joyride but the intention of the petitioner was not good as he on the said pretext took her and killed her and had thrown her dead body in the Kali river. The detaining authority further found from the confessional statement of the petitioner that the petitioner had taken the deceased Km. Mantasha on his motorcycle near the Kali river where the string of her Salwar was taken out by the petitioner and he strangulated her to death and thereafter had thrown the dead body of the deceased in the Kali river. On the pointing out of the petitioner, the dead body of the deceased Km. Mantasha, her slippers and Salwar, etc. were recovered from Kali river for which a recovery memo was prepared by the police on 6.4.2011 at about 11:45 hours.