VINAY KUMAR SAHU Vs. STATE OF U P

JUDGEMENT

(1.) THE above five writ petitions have been separately filed by each of the petitioner for quashing their detention order dated 26 -11 -2002 passed by District Magistrate, Azamgarh, respondent No. 3 under Section 3 (2) of National Security Act.

(2.) EACH of the petitioner was separately served with the grounds of detention alongwith detention order, which stated that on 12 -7 -2002 at about 5.30 p.m. the petitioner Vinay Kumar Sahu alongwith petitioners Rakesh Kumar Sahu, Gorakh Sahu, Pradeep Kumar Sahu and Vipin Kumar Sahu all real brothers alongwith their three associates Sohan Yadav, Akhilesh @ Sonu and Ghanshyam Jaiswal committed murder of Dr. Arun Kumar Singh, R/o Rampur Lahuwakala, P.S. Kotwali Deogaon, District Azamgarh in Kasba Lalganj on public road by causing brick but and stone injuries and caused grievous injures to his cousin brother Shashank Shekhar Singh @ Sonu, his material grand -father Major D.M. Singh and Kanhaiya Singh and driver Maksood by rod, dandas and stones. Vinay Kumar Sahu also fired several rounds from his revolver, but it did not hit any body. Licensed gun of Major D.M. Singh was also snatched by the petitioners. By the above act of the petitioners a sense of terror and chaos was created in the locality. The public order was adversely affected. The persons passing on the road started running helter skelter. All the shops of Kasba Lalganj were closed and shop keepers took shelter inside their house. Traffic was badly disrupted and it adversely affected maintenance of public order. The report of the incident was lodged by Sri Shashank Shekhar @ Sonu, brother of deceased Dr. Arun Kumar Singh. On the basis of above report a case at Crime No. 168 of 2002 under Sections 147, 148, 149, 302, 307, 427, 336, IPC and 7 Criminal Law Amendment Act was registered at the police station. Subsequently, Sections 356, 379 and 411, IPC were added on recovery of 12 bore gun and tape of the car. After investigation charges -sheet was submitted in the case on 10 -10 -2002.

(3.) THE detention order dated 27 -11 -2002 was served on each of the petitioner separately on same day i.e., 27 -11 -2002. The above detention order was affirmed and approved by the State Government on 5 -12 -2002. Each of the petitioner submitted representation on 13 -12 -2002 addressed to the Home Secretary, U.P. and Home Secretary, India as well as Advisory Board. The representation of the petitioner was rejected by State Government on 2 -1 -2003 and by the Central Government 7 -1 -2003.