RADHEY SHYAM PARCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Radhey Shyam Parcha s/o Sheetal Prasad is before this Court with a request to quash the detention order dated 14th of September, 2013 passed by the District Magistrate, Shamli under Section 3 (2) (3) of the National Security Act, 1980 and further prayer has been made to direct release of the petitioner forthwith.

(2.) Brief background of the case as is emanating in the present case is that an FIR was lodged by Jai Bhagwan s/o Ram Kishore at police station Kotwali Shamli, district Shamli being Case Crime No. 261 of 2013 under Sections 147/148/149/323/504/506/153-A IPC and Section 3 (1) X of SC/ST Act on 3.9.2013 at 19.45 PM against Israr, Intezar both sons of Iliyas and Azam as well as other unknown persons stating therein that Israr, Intezar and Azam and other dozens persons of Muslim community came armed with weapons and country made pistols and after using 'Jati Suchak' abuses with intention to cause death committed marpeet in which Sagar son of Mohan has sustained grievous injuries. Petitioner has proceeded to mention that thereafter on 3.9.2013 at 19.45, a first information report was lodged by one Syed son of Abdul Rahman at police station Kotwali Shamli, district Shamli being Case Crime No. 262 of 2013 under Sections 147/148/149/302/307/323/324/504/153-A IPC and Section 7 Criminal Law Amendment Act against the 11 named and other unnamed persons including the petitioner mentioning therein that on 3.9.2013 at Timurshah there has been some clashes with members of Valmiki community, thereafter, Ghanshyam Parcha has asked members of Valmiki community to assemble with arms, and pursuant thereto petitioner and other members and dozen of unknown members of unlawful assembly opened fire with common intention wherein fire arm injuries has been received by Ehsan, who died, and dozen of other persons received fire arm injuries. Petitioner has further submitted that on 3.9.2013 an FIR was lodged by Rampal at police station Kotwali Shamli, district Shamli being Case Crime No. 263 of 2013 under Sections 147/427/323/504/153-A IPC and therein it was mentioned that while he was returning with his relatives and friends from Nozal to his village, then 10-15 persons intercepted the vehicle and the vehicle in question was damaged and when Mohd. Harun tried to prevent it then he was attacked and when people started collecting there, said persons fled from the scene.

(3.) Petitioner has contended that after the said incident in question has taken place the public order and public tranquility was disturbed by the persons of Muslim community and, consequently, there was communal tension in between both the communities and both the community rushed near Shiv Chowk and raised slogans against each other and also thrown stones against each other. In respect of the incident, a first information report was lodged by Om Prakash, Inspector, police station Kotwali Shamli on 3.9.2013 at 23.40 PM being Case Crime No. 264 of 2013 under Sections 147/148/149/307/342/336/436/392/427/323/504/506/153-A IPC and Section 3/4 Prevention of Public Property Damages Act and Section 7 Criminal Law Amendment Act mentioning therein that communal harmony had been completely disturbed, and it was free for all, shops, houses, motorcycles were being burnt and entire incident was orchestrated by petitioner, his brother and about 100-150 persons, who all were armed. Details have also been given that one could hear shrieks of children, women folk and there has been complete anarchy and incident of loot and arsoning has also been committed by the members of Muslim community and large scale reinforcement had to be asked for.