IRSHAD Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This petition was filed by the petitioner Irshad for quashing the detention order passed by the District Magistrate, Meerut, under Section 3 (2) of the National Security Act (hereinafter) referred to as ('nsa') on 16-4-2004.

(2.) THE order was passed by the District Magistrate consequently on the abovesaid date as sponsored by the Station Officer, P. S, Mawana, on 15-4-2004 and recommended by the Circle Officer, S. P. (Rural) and S. S. P. , Meerut, on 15th and 16th instant. THE petitioner submitted his representation on 18-5-2004 through Jail Superintendent. It was received in the office of the District Magistrate on the same day. It was sent to the S. S. P. , Meerut, for parawise comments, the same day. THE comments were received from S. S. P. , Meerut on 19-5-2004. On the same day the representation alongwith the above comments, and the comments by the District Magistrate were sent to the State Government. In the meantime the State Government approved and confirmed the detention of the petitioner. THE District Magistrate also forwarded the detenue's representation of the above date to the Central Government through its letter dated 19-5-2004. THE representation was received by the State Government on 20-5-2004. THE State Government forwarded the representation along with the comments to the U. P. Advisory Board vide its letter dated 21-5-2004. THE representation was finally rejected by the State Government on 25-5-2004. Detailed notes were prepared by the concerned section of the State Government on 21-5-2004. THE Under Secretary, Home & Confidential Department, Government of U. P. , examined it on 21-5-2004 and thereafter forwarded the same to the Secretary. 22nd and 23rd May, 2004 being Saturday and Sunday, the rest days, the Secretary examined it on 24-5-2004. It was submitted to the concerned authority in the State Government for final orders. As earlier said, on the very next date it was rejected. THE rejection of the representation was communicated to the detenue through district authorities by the State Government by a radiogram dated 26-5-2004. Thus, there apparently was no delay, in disposal of the representation made by the State Government. No such grievance was, however, raised by the detenue before us.

(3.) THE brief facts giving rise to the impugned detention order are as under: A young boy, aged 7 years, was kidnapped during the day at about 3. 00 p. m. on 28-2-2004 from his house. A report of Gumsudgi was lodged by the father of the boy at P. S. Mawana at 10. 30 p. m. In the meantime between the kidnapping and lodging of the report frantic search for the boy was made but it yielded no results. THE father and his companions, who set out in search of the boy in the entire area, could not get any clue about him on that date. Normal report of Gumsudgi was taken down at the police station as & Daryaft Hal (DH ). THE case in such cases is not generally registered in a regular manner initially. An enquiry in such matters is conducted first by the police. Consequently, when the informant could collect some information on 2-3-2004, he filed proper written report narrating the facts and circumstances that came to his notice in between. He stated in this F. I. R. that on an enquiry from the locals he came to know that his son Umesh was abducted by Irshad son of Abdul Waheed and he was taking him towards his Kolhu (sugarcane crusher ). THE informant says that he himself has seen Irshad coming out of that field. THErefore, he became certain that Lomesh was abducted by him. In the meantime he also learnt that Irshad had operated his furnace (Bhatta) on the night of 28th 29th and some foul smell was emanating from it. After learning this much he made enquiries from the people living in the vicinity of the above Kolhu. THEse persons from whom he made enquiries were Hari, Pushkar, Rohtas etc. THEy told the informant that from the furnace of the sugarcane crusher of Irshad foul smell of human flesh was emanating. It was further revealed by these persons to the informant that they had seen his son being thrown into the furnace by Irshad and sons of Waheed. He and his elder brother thereafter elicited some more information from other labour also. THEy are Om Veer, Padam Singh, Raghuveer, Dara son of Padam Singh. THEse people in a low tone confirmed what was told to the informant by Pushkar, Hari Prakash and Rohtas. THEy were in fear. Thus, the informant concluded that these persons knew about the murder of his son and his throwing into the burning furnace. As soon as this information spread amongst the villagers they collected at one place and moved towards the Kolhu of the petitioner. THEy dug it out. On digging the furnace, the bones of a child and Kada, were found. When the information about this dastardly act spread further, people in his village and villages in the vicinity were gripped by panic and fear. A mob rushed to the scene of occurrence. Young children had locked themselves inside their houses. Panic and tension was visible all around. As earlier stated, on 15- 4-2004 the Station Officer, P. S. Mawana, sponsored for the detention of the petitioner and on the same day both the Circle Officer and S. P. (Rural),recommended his detention and forwarded the file to S. S. P. , Meerut, who made his recommendation on 16-4-2004. This is also the date on which the District Magistrate, after an application of his mind to the facts so revealed by the report of the sponsoring authority and the documents submitted along with it, passed the impugned detention order against the petitioner.