SUNIL MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) M. C. Jain, J. The petitioner Sunil Mishra has challenged the detention order dated 23-8-2003 passed against him by respondent No. 3 - District Magistrate, Allahabad under Section 3 (2) of National Security Act, 1980.

(2.) THE grounds of detention are contained in Annexure-5 to the writ petition based on an incident-Case Crime No. 143 of 2003, under Section 302/34 I. P. C. Police Station Daraganj, District Allahabad. THE F. I. R. of the said incident was lodged by Ram Babu Kesharwani on 25-7-2003 at noon time. Sanjai Kesharwani was allegedly shot dead by Amit Mishra companion of the present petitioner. THE deceased used to supply tobacco to the petitioner and certain amount was outstanding against him. THE incident occurred in this way that the petitioner and his nephew Amit Mishra were present at their business premises and when Sanjai Kesharwani asked him for his payment, he (the petitioner) as well as his nephew Amit Mishra started quarrelling with him. On the exhortation of the petitioner, his nephew Amit Mishra opened fire on Sanjai Kesharwani from country-made pistol who died at the spot. THE incident created panic and terror in the market. Public order was adversely affected.

(3.) THE argument of the learned Counsel for the petitioner is that it is not a case of public order at all. THE incident could, at the best, be a law and order problem and there could be no justification for preventive detention of the petitioner over and above the action against him for the alleged offence under the ordinary law of the land. Learned A. G. A. , on the other hand, argued that the offence was committed in broad day light in a busy market which created terror in the locality with people around being scared of their safely and it is well within the purview of public order.