BHOLU ALIAS DANIS Vs. DISTRICT MAGISTRATE AZAMGARH

JUDGEMENT

(1.) The petitioner filed this writ petition challenging his detention order, dated 18-7-2002, passed by District Magistrate, Azamgarh, respondent No. 1 under Section 3(2) of the National Security Act and had prayed for his release.

(2.) The petitioner was served with the grounds of detention along with the order of detention which stated that on 14-4-2002 at about 12.15 p.m. on account of previous altercation between the petitioner and Babloo, cousin brother of Rajendra, the petitioner along with his associates Sariq, Shamim, Sarfraj and Mumtaz armed with lathis dandas and country made pistols formed an unlawful assembly raided the house of Bhagnu Kahar and broke open his doors by kicks. Observing it Bablu ran away in the lane towards mosque to save his life. The petitioner along with his associates chased him and fired by country made pistols due to which he sustained injuries and fell down. The occurrence was witnessed by complainant Rajendra, Arvind, Bhagnu, Smt. Girija Devi and others. The above persons chased the petitioner and his associates but they ran away extending threats. The mohalla people were taking the injured Bablu to the hospital, but he died in the way. Report of the occurrence was lodged by Rajendra Kahar at 1.25 p.m. at P.S. Kotwali and on the basis of it a case at crime no. 104 of 2002 under Section 147, 148, 149, 302, IPC and Section 7 Criminal Law Amendment Act was registered. The complainant also told that on account of the incident a chaos was created on the spot and the people started running helter skelter. Shopkeepers closed their shutters and a sense of terror and insecurity was created in the locality. Since the incident related to two different communities the people of both community organized and possibility of flaring up communal tension increased. Situation was however controlled by deploying police force and PAC on large scale. During investigation it was found that the petitioner and his associates were anti-social elements and they were indulging in the activities prejudicial to the community at large. The IO interrogated Arvind Kahar, Bhagnu and Smt. Girija Devi during investigation, who corroborated the incident. It was also endorsed by the Inspector Incharge of P.S. Kotwali on 16-4-2002, 18-4-2002 and 19-4-2002 in the General Diary report that on account of incident a sense of terror and insecurity was created in the Mohalla Kundigarh (Badarka) and nearby localities. Since the incident related between two different communities, possibility to flare up communal tension had increased. The petitioner was detained in District Jail, Azamgarh in connection with case crime No. 104 of 2002 and he was trying to get himself released on bail and there was real possibility that on release on bail the petitioner would indulge in similar activities prejudicial to the maintenance of public order. Therefore, the detaining authority was satisfied that detention of the petitioner under Section 3(2) of the National Security Act was essential.

(3.) The detention order dated 18-7-2002 was approved by the State Government on 23-7-2002. The Advisory Board also approved the detention of the petitioner on 29-8-2002.