SANJAY ALIAS SAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) In both these Habeas Corpus Writ Petitions, the impugned detention orders in respect of both the petitioners have been passed on the basis of the one and same incident, hence they are taken up together and are disposed of by a common order.

(2.) By means of the instant petitions filed under Art. 226 of the Constitution of India, the petitioners have challenged the detention order dated 22-3-2003 (Annexure-1 to the petition) passed by the District Magistrate, Jhansi under Section 3(2) of the National Security Act, 1980 (briefly, the Act).

(3.) In the grounds of detention, Annexure-II to the petition, it is stated that on 18-12-2002 Shiv Kumar Tiwari and Ram Sewak Tiwari were sitting in the shop of Deen Dayal.situate in Katra Bajar of town Gursharai at about 4 pm., the petitioners along with Mahesh came on a motor cycle. The petitioners were armed with country made pistols. It is further stated that the petitioner Sanjay alias Sanju fired a shot upon Ram Sewak Tiwari on his left temple. A second fire was made by the petitioner Upendra on Ram Sewak. As a result, he died on the spot and Deen Dayal Soni who was sitting in his shop also sustained injuries as some pellets entered his chest. By this act of the petitioners, there was panic in the market and people ran here and there to save them. On the shouts of the public, the petitioners ran away flaunting their pistols. Terror was created in the locality and public order was disturbed. On the next day also the shops in the locality remained closed and people were confined in their houses. General public was terror stricken and additional police force had to be deployed on the place of occurrence and in the locality. Attempts were made by the police to nab the petitioners but they could not be apprehended as they had fled out of district Jhansi and were arrested in district Datia for keeping illegal arms and a case was registered against them under the Arms Act. Finding sufficient case against the petitioners, charge-sheet was also filed in the murder case. It is further stated in the grounds of detention that this dare devil criminal act was done by the petitioners with an intention to grab the property of the deceased Ram Sewak Tiwari and to establish their terror and muscle power in the entire area. The news of this incident was published in the papers of national level and terror was created in the adjoining districts also. At the time of the passing of the orders, the petitioners were detained in Jail in connection with the murder case. It is further stated that the petitioners were trying to be released on bail. The bail application of the petitioners had been rejected by the District and Sessions Judge and they were trying to be released on bail by the High Court and there is strong possibility of their being released on bail and after being released on bail, they would again involve themselves in criminal activities and disturb the public order. On the above grounds, the impugned detention order was passed against the petitioners.