SACHIN ALIAS BANTI Vs. STATE OF U P

JUDGEMENT

(1.) The above five writ petitions have been filed separately by each of the petitioner for quashing their detention order dated 16.12.2002 passed by District Magistrate, Rampur, respondent no. 2 under section 3 (2) of National Security Act.

(2.) Each of the petitioner was separately served with the grounds of detention, alongwith order of detention, which stated that on 16.11.2002 at about 5 p.m. one Darashan Lal resident of Balmiki Basti, Radha Road, Civil Lines, district Rampur lodged a report at the Police Station Civil Lines against the petitioners alleging that on 15.11.2002 a quarrel had taken place between his son Sumit and the petitioners Vinod and Subhash on playing cricket, which was pacified by the people of the Mohalla. But the petitioners were not happy. On account of above incident, all the petitioners armed with country made pistols, in order to create terror in the Biradari raided the house of Sumit and fired on him with intent to kill him. When hearing sound of fire, his neighbours came to his rescue, the petitioners again attacked on them. Due to which Rahul, Vijay, Ram Prasad, Papoo, Deepak and Ankush aged about 4 years were badly injured. The petitioners had also cut the telephone wire, so that information of the incident could not be sent to the authorities concerned.

(3.) On the basis of above report a case at crime no. 157 of 2002 under sections 147, 148, 149, 307 IPC was registered at P.S. Civil Lines, Rampur. On account of above incident, public order was badly affected and in order to maintain public order, police of neighbouring police stations was called. Investigation of the case was done by Sri Mahabir Singh, Sub Inspector, who had reached the spot at 4.30 p.m. on receiving telephonic information. During investigation injured Sumit, Deepak, Pappu, Rahul, Ankush and Vijay were interrogated on 16.11.2002. The confirmed the incident in their statements and also told that on account of incident a sense of terror and insecurity was created on the spot. Persons present on the road started running helter skelter and chaos was created. People closed their doors. The people of the locality felt insecure and could not dare to come out of their houses. Normal flow of life was stopped. The traffic on the road also stopped on account of incident.