ZAIR Vs. DISTRICT MAGISTRATE HARDOI

JUDGEMENT

(1.) Through this writ petition, preferred under Art. 226 of The Constitution of India, the petitioner detenu Zair has impugned the order dated 27-4- 2003 passed by Mr. M.A. Khan, District Magistrate, Hardoi (opposite party No. 1), detaining him under Section 3(2) of the National Security Act. The detention order, along with the ground of detention, which are also dated 27-4-2003, was served on the petitioner detenu on 27-4-2003 itself and their true copies have been annexed as Annexure Nos. 1 and 2, respectively to the petition.

(2.) The prejudicial activities of the petitioner detenu prompting the first respondent to issue the impugned detention order against him are contained in the grounds of detention (Annexure No. 2) . In short their perusal shows as under : On 2-3-2003, at about 3.00 p.m. the detenu along with his brothers Babu and Bhure, in furtherance of their common intention, reached near the house of Bajhul in village Mahmoodpur Saraiya, Patre was also present there. They instigated and the detenus brother Babu fired on Patre, who died as a result thereof on the spot. The detenu, with a country made rifle of 315 bore, fired on injured Ruab Begam. Thereafter the detenu along with his associates firing went away. As a consequence of the prejudicial act committed by the detenu and his associates, a commotion was created in the locality and people closed their doors and houses and hid inside. Those who were working in the fields, ran away. On the basis of the prejudicial act committed by the detenu and his associates, C.R. No. 117 of 2003, under Sections 302/307/ 506,1.P.C. and Section 2/3 Gangster Act was registered at Police Station Behani, district Hardoi, on the basis of a complaint lodged by Sagir Hussain at the said police station on 2-3-2003 itself. During investigation of the aforesaid C.R. the statements of Samsul Hussain and Sagir were recorded and they reiterated the aforesaid facts. Since the detenu had used unlicensed fire arm, C.R. No. 121 of 2003 under Section 3/25 of Arms Act was registered against him on 7-3-2003 at police station Pihani, district Hardoi, on the basis of complaint lodged by S.O. R.N. Chodhary.

(3.) A perusal of the grounds of detention would show that on the aforesaid C.Rs. and some other material referred to in the grounds of detention, the detaining authority was subjectively satisfied that in order to prevent the detenu from committing similar prejudicial acts, in future it was imperative to detain him under Section 3(2) of National Security Act.