SUNIL ALIAS ASHIQ AHMAD Vs. JAILOR DISTRICT JAIL

JUDGEMENT

(1.) BY this petition, the petitioner Sunil alias Ashiq Ahmad, has challenged the detention order dated 29 -9 -1992, passed by the Secretary, Home and Confidential Department, State of U.P. ((Annexure -1) to the affidavit filed in support of the petition) by which the petitioner filed in support of the petition) by which the petitioner has been ordered to be detained for a period of 12 months under Section 12(1) of the National Security Act, 1980 from 12th August, 1992, the date of commencement of detention.

(2.) THE initial detention order was passed by the District Magistrate, Kanpur Nagar on 12 -8 -1992 (Annexure -2 to affidavit) on the grounds mentioned in Annexure -3 to the affidavit. In the grounds of detention the alleged activities of the petitioner are set out. On 7 -6 -92 at about 3.00 p.m., the petitioner along with his associates including Suhel Ahmad, demanded illegally a sum of Rs. one lac on gun point from one Firoz Khan and his brother, who were sitting in the go -down of their house No. 92/6, Bekanganj, and asked them to pay a sum of Rs. 50,000/ - instantaneously When the said money was not paid, the petitioner and his associates, threatened them with dire consequences after firing shots. Again on the same date at about 9.00 p.m., the petitioner along with his associates including Suhel Ahmad, went to the go -down of Firoz Khan, with arms and demanded Rs. 1 lac and also fired several rounds. When the First Information Report was lodged at Police Station Bekanganj, this caused annoyance to the petitioner, who along with his associates, again attacked the reporter at his house by hurling bombs and firing several rounds. On 17 -6 -1992 at about 2.30 p.m. the petitioner along with his associates including Suhel Ahmad, demanded illegally Rs. 20,000/ - from Arshad from his shop which falls within the jurisdiction of Police Station Bajaria and on his refusal to pay the said amount, assaulted Arshad after dragging him on the road and fired several rounds to create fear and panic.

(3.) COUNTER -affidavit have been filed by Sri. Ram Saran Srivastava, District Magistrate Kanpur Nagar, Sri. Bansi Dhar Pandey, Upper Division Assistant in confidential Section -6, U. P. Secretariat, Lucknow and Sri. N. K. Singh, Deputy Jailor, District Jail Kanpur Nagar, Mohammad Saleem, pairokar of the petitioner has filed supplementary affidavit, while Sri. Banshidhar Pandey, Upper Division Assistant in confidential Section -6, U. P. Secretariat, Lucknow, has filed supplementary counter -affidavit.