RAJIV SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution the petitioner has challenged validity of his detention made under the order of the District Magistrate, Agra, dated. 24-2-1985 issued under section 3 (2) of the National Security Act.

(2.) The District Magistrate was satisfied that the petitioners detention was necessary with a view to prevent him from indulging into activities prejudicial to maintenance of public order. In exercise of his powers under section 3 (2) of the National Security Act be issued an order on 24-2-1985 directing the petitionerTs arrest and detention. The petitioner made a representation to the State Government. On the recommendation of the Advisory Board the State Government rejected the petitioners representation. The petitioner was arrested on 24-2-1985 and since then he is continuing in detention.

(3.) The grounds of detention as served upon the petitioner in compliance to section 8 of the Act disclose that the District Magistrate passed the detention order on three grounds. In the first ground it is mentioned that Kuldeep Kapoor, owner of Shah Theatre, Agra, received a letter by post on 24-3-1984 directing him to reach Rose Garden on 27-3-1984 taking with him a sum of Rs. 40,000/- between 12 and 12-30 noon The letter contained a threat that if he disclosed this fact to others, his entire family will be wiped off. Sri Kapoor met the Senior Superintendent of Police who arranged policemen in plain clothes to accompany Sri Kapoor to the Rose Garden at the appointed place. There the petitioner approached Sri Kapoor and demanded the money. Whereupon, the policemen who were there in plain clothes caught hold of the petitioner. A first information report was lodged at the Police Station by Sri Kuldeep Kapoor against the petitioner as a result of which Crime No. 261 under sections 385/386 I.P.C. was registered against the petitioner at Police Station Hariparbat on 27-3-1984.