BUNDU ALIAS BABU Vs. STATE OF UTTARPRADESH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution petitioner Bandu alias Babu son of Asghar resident of Mohalla Pathantola, Pahasu town, District Bulandshahr, at present residing at Mohalla Sarai Rahman, District Aligarh (hereinafter referred to as the petitioner) has challenged the order of his detention dated 15.9. i 984 passed under section 3(2) of the national Security Act by the District Magistrate Aligarh thereafter referred to as the detaining authority) On 15.9.1984 i.e. the date when the detention order was passed, the petitioner was already in jail. This order was, therefore, served on him on 16.9.1984. The detaining authority, however, reported about the detention order to the State Government on the date on which it was passed i.e. 15.9.1984. The State Government approved the petitionerTs detention on 22.9.1984 and communicated its approval to the petitioner on 26.9.1984. On the Same day i.e. on 26.9.1984 the State Government reported its approval to the Central Government also as required by section 3(:- ) of the National Security Act. On 29.9.1984 the case of the petitioner was referred by the State Government to the Advisory Board also.

(2.) On 5.10.1984 the petitioner made, representation challenging the order of, his detention which was rejected by the State Government on 17.10.1984. On the same date this rejection was also communicated to the petitioner. The Advisory Board to whom the case of the petitioner was referred gave hearing to the petitioner on 30.10.1984. This order was, however, confirmed by the State Government on 13.11.1984 after considering the report of the Advisory Board.

(3.) The ground of detention which was served on the petitioner is that on 1.8.1984 at about 2 P.M. the petitioner and his associates were carrying Illegal arms and ammunitions in two stolen cars on the G.T. Road. While they passed in front of police station Banna Devi, they, were intercepted by a police party headed by Inspector Incharge of P.S, Banna Devi. On this the petitioner and his associates started firing indiscreetly on the police force which resulted into stoppage of traffic on that; National Highway. The passengers of the vehicles plying on that road and the other passersby were all terror stricken and started running helter-skeltor for safety. The police party was, however, successful in arresting the petitioner and his associates. After their arrest, a knife was recovered from the possession of the petitioner besides a foreign make revolver, three country made pistols and a large number of cartridges (and a factory made gun) were recovered from his associates and their cars.