SAJID Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Questioning the legality and validity of the order dated 26.8.2014 passed by the District Magistrate, Aligarh,/ respondent no. 2, directing detention of the petitioner Sajid under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) the petitioner has preferred this Habeas Corpus Writ petition.

(2.) We have heard learned counsel for the petitioner, learned AGA appearing for respondent nos. 1, 2 and 3, learned counsel representing the Union of India and perused the records.

(3.) Some brief facts giving rise to the controversy involved in this writ petition are that on 17.7.2014 two boys going on a motorcycle threw acid on a girl namely Km. Priya Sharma causing severe acid burn injuries on her face, eyes, neck and shoulder. As the incident had taken place in a crowded and most populated area, chaotic situation arose just after the occurrence. The police rushed to the spot where hundreds of people had already gathered. The incident created ruckus and commotion in the entire area and a sense of fear and terror prevailed in the locality. The public order got badly disturbed. Hearing the painful shrieks of the victim feeling of anger also prevailed and people started raising slogans against the police and administration. The people were shouting that the accused persons be arrested immediately and the girls and ladies be protected from such acid attacks. The victim was immediately taken to the nearby hospital Varun Trauma Hospital, Vishnupuri. The crowd gathered at the place of occurrence accompanied the victim to the hospital and jammed the road demanding immediate arrest of the miscreants. P.A.C. force was deployed at the spot to control the situation. With regard to the said incident a first information report was lodged by maternal uncle of the victim namely Sri Anil Kumar on the same day at Police Station Kwarsi against two unknown persons, which was was registered as Case Crime No. 1032 of 2014 under section 326A I.P.C. Subsequently during course of investigation, sections 120B I.P.C. and 7 Criminal Law Amendment Act were also added. As the victim girl was in a semi conscious stage, she was not in a position to name any miscreant. On 18.7.2014 when the victim regained consciousness, her statement was recorded in which she stated that she was working in 'Swadeshi Cloth Store' where two boys Sajid (petitioner) and Neeraj also used to work. Sajid was constantly harassing her, expressing his one sided love. When she refused and scolded him, he got annoyed and threatened her with the words that he would throw acid on her face. Out of fear she did not inform any of her family members about Sajid and Neeraj but she left the job of 'Swadeshi Cloth Store' and started working at 'Chhabra Cloth Store'. However, Sajid did not spare her and continued to extend threats to her. On 17.7.2014 at 8.30 P.M. when she was returning from the shop and had reached near Varun Hospital, both the boys reached there. Neeraj was driving the motorcycle and Sajid was sitting behind him. Sajid threw acid on her face causing grievous injuries to her. She became unable to see due to the acid attack and started shouting out of unbearable pain.