GIANI HARENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. Saghir Ahmad, J. The detention order dated 13-6-1992 (Annexure-1) and the grounds in support thereof contained in Annexure A-1 passed against the petitioner under Section 3 (2) of the National Security Act (for short, the Act) are assailed in this petition on several grounds but at the time of arguments, learned counsel for the petitioner pressed only one ground which we shall presently notice, deal with and decide.

(2.) THE grounds relating to petitioner's detention are: (i) On 10-5-1991 one Shahid Husain son of Abrar Husain resident of Khajuria Jhala, P. S. Khajuria, district Rampur lodged a re port against the petitioner and other that in the general elec tions for the Assembly seat, he had been canvassing for Zafaryar Khan as against the petitioner who was also a candidate in the election. It was alleged that the petitioner in collusion with several bad characters fired at the jeep of complainant as a result of which two persons, namely, Saleeni (complainant's brother-in-law) and Saleem's son 'bunty' died at the spot while complainant's associates, Manzoor Hasan, Akhtar Ali, Hamid Khan and Lal Mohammad who were sitting in the jeep, were grievously injured. On the basis of this report, Crime Case No. 107 of 1991 under Section 302/307/120-B, IPC was registered against the petitioner at P. S. Bilaspur, district Rampur. In the FIR, petitioner has been specifically named while four others who were his associates are said to be unknown persons. (ii) Another crime in which the petitioner is said to be involved is Crime No. 243/91 under Section 147/148/149/307, IPC read with Section 3/4 Terrorist and Disruptive Activities Act registered at P. S. Bilaspur in which nobody, not even the petitioner, has been specifically named. It is staled that during the course of in vestigation complicity of one Singhara Singh alias Avtar Singh came to light. He was therefore arrested. On interrogation, he disclosed that members of the "gang" who come and and take shelter in the Gurudwara and are subsequently arrested are helped by the petitioner who makes all out eilorts to see that no action is taken by the police and, even if any action is initiated against them, then lull assistance is provided to the persons appre hended by the police so that they may be proved to be innocent. (iii) THE third ground which constitutes the basis of the petitioner's detention recites that a secret report was received by the Ins pector of Police of P. S. Bilaspur District Rampur that son of one Dr. Joshi was kidnapped and that an amount of Rs. 10 lacs as ransom was paid to the terrorists to secure his release. THE ransom amount was passed through the petitioner and on the amount being paid to the terrorists, the latter, namely, terrorists had touched the feet of the petitioner. This secret report finds mention in the G. D. entry No. 37 of 24-3-1992 recorded at the police station at 23. 15 p. m. (iv) THE fourth ground recites to say that on 31-5-1992 Crime Case No. Nil under Section 3/4 of Terrorists and Disruptive Activities Act was registered at P. S. Khajuria, district Rampur in which one Gurmail Singh was arrested. On interrogation he disclosed that the petitioner was the guardian of the terrorists and that two of the terrorists, nameiy Swaran Singh a Vichitra Singh often come to the petitioner, who communicates all information of the area to them. It was also disclosed by him that the petitioner used to help the terrorists and sought their release through personal influence. It was indicated that so long as the petitioner would stay in the aforesaid region, the activities of the terrorists will not decrease. It is also mentioned that since the movement of the police is watched and later on disclosed to the terrorists by the petitioner, it will not be possible to ap prehend terrorists. It was, therefore, provided that it would not be in public interest as also in the security of the State to keep the petitioner free. THE above facts are contained in that G. D. Entry No. 2 recorded on 1-6-1992 at P. S. Khajuria, district Ram pur at 00. 15 p. m.

(3.) SRI P. N. Tripathi, who is Upper Division Assistant in Civil Secretariat, Lucknow has filed another affidavit dated 14-9-1992 as also a supplementary counter-affidavit dated 26-8-1992 in reply.