KISHUN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) KISHUN has approached this Court through his next friend to seek issuance of a writ in the nature of habeas corpus for his release and also for declaring detention order dated 30.10.2014, passed under National Security Act, 1980 (for short, Act of 1980) arbitrary and bad in law.

(2.) FACTS , in brief, are required to be noticed.

(3.) PERUSAL of First Information Report indicates that it has been lodged by father of deceased Meraj alias Saddam with the allegation that he along with his wife and son Siraz, accompanied with Meraj was coming from Hyderabad to their house. When they reached near the house of Chhedi, Chhedi alias Vinod son of Mathura, Girja Devi wife of Chhedi, Kishun son of Swarup, Vishnu son of Kishun armed with lathi danda and with pre - meditation, sitting in wait, attacked Meraj alias Saddam with intention to kill him. When Meraj wanted to flee, the above named accused persons followed him in the rice field and caused injuries so as to kill him. An alarm was raised whereupon, Guddu son of Mustafa and Jokhu son of Mustafa also came there. The accused could be seen in torch light. Meraj was brought to the hospital. On the way, Meraj died.