APDA HARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These Habeas Corpus writ petitions are directed against the detention order dated 19/06/1992, in the case of Apda Haran Singh and against the orders dated 22/06/1992 against Bhola Nath and Rakesh Singh, passed separately by the District Magistrate, Lucknow u/ S. 3(3) of the National Security Act ordering the detention of the petitioners under S. 3(2) of the aforesaid Act in the District Jail, Lucknow. These writ petitions arise out of the same incidents involving similar questions of fact and law and have been heard together and are being disposed of by one common judgment.

(2.) The relevant facts for consideration in these writ petitions are briefly stated as follows :

(3.) In the morning of 2/06/1992, at about 6.00 a.m., one Umesh Shukla, while sleeping on the roof of his house No. D-89/ 7, Indira Nagar, Police Station Ghazipur, Lucknow, was murdered. A written First Information Report was lodged by Sri Rajendra Gupta, son of Kunjbihari, at Police Station Ghazipur, Lucknow on the same day at 8.30 a.m. by naming the three petitioners and mentioning about two other unknown persons as the real culprits, who killed Umesh Shukla by fire arms, and ran away on motor cycle and scooters, creating terror and giving threats. It was alleged in the report that these culprits were seen by Mahadev Pandey, Sunil Pandey, Sandeep, Akram, Smt. Saroj Misra etc. It was further stated in the report that Apda Haran Singh is having a strong gang engaged in the loot of money and land by creating terror amongst the people and is having liason with and protection of political office bearers. Apprehending the arrest and false involvement in the said crime No. 228 of 1992, registered at Police Station Ghazipur, Lucknow on the basis of the First Information Report lodged by Sri Rajendra Gupta, the petitioners individually moved surrender applications before the Chief Judicial Magistrate, Lucknow on 3/06/1992, who was pleased to call for the report from the police. Instead of submitting the report, the police succeeded in obtaining the processes under S. 82/83 of the Code of Criminal Procedure against the petitioners on 3/06/1992. The petitioners were remanded on surrender to Judicial Custody on 8/06/1992 in connection with the aforesaid murder of Sri Umesh Shukla and confined to District Jail, Lucknow. On 10/06/1992, a case under S. 7/3 of U.P. Gangsters Act and Anti Social Activities (Prevention Act) was also registered at Police Station Ghazipur, Lucknow against the detenu/ petitioners and the petitioners were also detained in the aforesaid case. Bail applications were sybmitted before the Chief Judicial Magistrate, Lucknow in the murder case on 10/06/1992, on which date the case under the Gangsters Act was registered against the petitioners. The Chief Judicial Magistrate, Lucknow, called for the relevant documents and fixed 15/06/1992 for hearing on the bail applications. But the opposite parry No. 5 avoided to produce the documents for one or the other reasons and the court registered a miscellaneous criminal case against the opposite party No. 5, on 20/06/1992 for flouting the court's orders. Pending the disposal of the bail application, the opposite party submitted a report to the District Magistrate, Lucknow for detention of the petitioners under S. 3 / 7 of the Act and the District Magistrate, Lucknow, who ultimately passed the impugned order on 19/06/1992, in the case of Apda Haran Singh and on 22/06/1992, in the cases of Bhola Nath and Rakesh Singh separately. The detention order was served on Apda Haran Singh in District Jail on 20/06/1992, the detention orders on Bhola Nath and Rakesh Singh were served on District Jail on 23/06/1992. The grounds of detention were also served on the petitioners along with the respective orders of detention along with copies of the documents. The petitioners have assailed the validity of the respective detention orders on the following grounds :