NIRMAL PANDEY Vs. DISTRICT MAGISTRATE FAIZABAD

JUDGEMENT

(1.) Through this writ petition, preferred under Article 226 of the Constitution of India, the petitioner detenu Nirmal Pandey has impugned the order dated 03-08-2002 passed by the first respondent Mr. Alok Kumar, District Magistrate, Faizabad, detaining him under Section 3(2) of The National Security Act. The detention order, along with the grounds of detention, which are also dated 03-08-2002, was served on the petitionerdetenu on 03-08-2002 itself and their true copies have been annexed as annexures 1 and 2 respectively to the petition.

(2.) The prejudicial activities of the petitioner-detenu impelling the first respondent to issue the impugned detention order against him are contained in the grounds of detention (annexure-2). A perusal of the annexure-2 shows that the impugned order is founded on a solitary C. R. namely C. R. No. 263 of 2002 under Sections 147, 148, 149, 307, 302, 504 I.P.C. of Police Station Pura Kalandar, District Faizabad, registered on the basis of a complaint dated 18-06-2002 lodged by Smt. Kalawati at the said police station. Since, in our view, a reference to the prejudicial activities of the petitioner-detenu contained in the grounds of detention, is not necessary for the adjudication of the pleading contained in paragraphs 9 to 13 of the petition and grounds (iv) and (vj of paragraph 23 thereof, on which alone this writ petition deserves to succeed, we are not adverting to them.

(3.) We have heard learned counsel for the parties. The substance of the averments contained in paragraphs-9 to 13 of the petition and grounds (iv) and (v) of paragraph-23 thereof, is that the impugned detention order is vitiated by the vice of non-application of mind inasmuch as it was passed on the premise that a bail application of the petitioner-detenu was pending in the Court whereas the reality was that after the rejection of the bail application of the petitionerdetenu by the Chief Judicial Magistrate, Faizabad vide his order dated 06-07-2002 no other bail application was preferred by the petitioner detenu and none was pending at the time when the impugned detention order was passed. To lend force to the said averments Mr. S. A. Ibrahim, learned counsel for the petitioner-detenu, invited our attention to the grounds of detention wherein the detaining authority has stated thus : "Aap Is Samay Mukadma Sankhya 263/2002, Dhara 147/ 148/ 149/ 307/ 302 / 504 Bhartiya Dand Vidhan Ke Antargat Zila Karaagar Faizabad Main Nirudh Hain Aur Jail Se Bahar Aane Ke Liye Pura Prayas Kar Rahe Hain Tatha Jamanat Ka Prathna Patra Nyayalya Main De Rakha Hain Tatha Aap Aisi Vyavastha Kar Rahe Hain Ki Aapki Jamanat Ho Jaye..............." Translated in English the said words would mean at this time the petitioner-detenu was in District Jail, Faizabad in C. R. No. 263 of 2002 under Section 147, 148, 149, 307, 302, 504 I.P.C.; he was making efforts to come out from jail; had preferred an application for bail in Court; and was trying to come out on bail. Mr. Ibrahim urged that since this premise is baseless, as after the rejection of his bail application by the Chief Judicial magistrate, Faizabad, on 06-07-2002, the petitioner detenu had not preferred any application for bail the impugned detention order is vitiated by the vice of non application of mind.