RAMESH JOGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition under Art.226 of the Constitution, petitioner Ramesh Jogi has questioned validity of his continued detention in pursuance of the order under S.3(2) of the National Security Act (hereinafter referred to as the Act) made by the District Magistrate, Mathura, on 13-1-1985. The grounds served upon the petitioner indicate that the satisfaction of the District Magistrate that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to maintenance of public order., was based on two grounds.

(2.) The first ground of detention relates to an incident alleged to have taken place on 1-11-1984. The ground states that on 1-11-1984 at about 10 A.M. the petitioner with his companion Parmeshwar Dayal Sharma along with a crowd of 400 to 500 persons incited the people to ruin Sikhs at Kanhaiya Cloth Market. The petitioner is alleged to have incited the crowd against the Sikhs, as a result of which the crowd set fire to various cloth shops and looted their property. A first information report was lodged at Kotwali against the petitioner and his associates and crime No.938 was registered under Ss.147/148/149/436/380, I.P.C. against the petitioner. During investigation stolen goods including cloth were recovered from the petitioner. The incident caused terror and apprehension amongst the shop-keepers specially Sikhs and it disturbed public order. The ground further states hat the petitioner was arrested on 5-11-1984 and sent to jail but he was enlarged on bail by Court. The second ground states that the petitioner along with his three other associates stopped Kedar Nath Kedar Nath son of Kali Charan at about 11 P.M. at Gali Seth Manik Chand on 22-12-84 while he was going back to his house. The petitioner was armed with unlicensed arms, he abused Kedar Nath and threatened him and the petitioners companion Naresh fired a gun shot on Kedar Nath which caused serious injury on his neck. Hearing the gun shot witnesses reached the spot, whereupon the petitioner took out his revolver threatening that if anyone stepped forward he would be killed. On account of this incident people ran here and there and local residents closed doors of their houses. Crime No. 1215 under S.307, I.P.C. was registered at Police Station Kotwali. On the aforesaid two grounds the District Magistrate was satisfied that the petitioner was indulging into activities which were prejudicial to public order and with a view to preventing him from indulging into similar activities he passed the impugned order of detention.

(3.) Learned counsel for the petitioner urged that the two grounds which formed the basis for the petitioner's detention do not relate to public order, instead they relate to law and order. As regards ground No. 1, we do not agree with the submission made on behalf of the petitioner that the incident alleged therein does not relate to public order. Smt. Indira Gandhi, Prime Minister of India, was assassinated on 31-10-1984 by a Sikh, as a result of which there was great commotion in the country and members of the general public were agitated against Sikhs. The atmosphere was surcharged with anger and hatred against the Sikhs. In that situation the petitioner is alleged to have instigated a crowd of 400 to 500 people in the market to ruin the Sikhs and on his instigation the crowd looted the cloth shops and property belonging to Sikhs. This action of one community wits directed against the other section of the community. The extent and reach of the incident had the potentiality to disturb public peace and tranquillity. It was bound to affect the even tempo of the life of the community as the incident was likely to create riot and public disorder. For all these reasons, it is difficult to accept the petitioner's contention that ground 1 had no nexus with public order.