GAJENDRA SINGH Vs. DIST MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) Gajendra Singh petitioner (hereinafter referred to as the detenu) has filed this writ petition under Art.226 of the Constitution, challenging the validity of the order dt.27-9-1984, passed by District Magistrate, Gorakhpur, under S. 3(2) of the National Security Act, 1980 (No.65 of 1980) (hereinafter referred to as the Act) detaining the detenu with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The detenu had been arrested on 26-9-83, when he was undergoing treatment in a hospital at Gorakhpur. The said detention order was served on him on 27-9-84 in District Jail, Gorakhpur. The grounds of the detention were also served on him along with the detention order. The said grounds are three in number, translated in English they are as follows : - i) That on 22-7-83 in the night at about 12.00, the detenu along with Tikori Singh and Surendra Singh residents of Kalesar, P. S. Sahjanwa, District Gorakhpur, and 6 to 7 others armed with guns, kattas and pistols, raided the house of one Lallan Singh resident of village Mallipar, P. S. Sahjanwa and committed murders of Ravindra Nath Singh, Lallan Singh, Shesh Nath Singh and Amar Nath Singh, Nagendra Singh and Dhyanendra Singh had received injuries. With respect to this incident case crime No. 128/83, under Ss. 147/1487 149/302/452/323, I.P.C. was registered at P. S. Sahjanwa. It was investigated and charge-sheet was submitted and Sessions Trial was pending in the Court of District Judge, Gorakhpur. ii) On 26-9-83, the detenu along with his companion Gurmukh Singh arrived in Mohalla Railway Colony, P. S. Shahpur, Distt. Gorakhpur in a Car No. P.N.D.1368 for committing some heinous offence at about 8.45 p.m. On receiving information about this fact, S.O. Sri Rama Shanker Dube accompanied with Sri Shailendra Nath Ghoshal and R. K. Singh, S. I. reached there and surrounded the said Car. It was being driven by the detenu. On seeing the police party the detenu tried to run away. Finding himself surrounded by the police party, he threw a bomb upon the police party and made good his escape. However, his companion Gurmukh Singh was arrested at the spot. The car was also seized. The detenu got himself admitted in the District Hospital, Gorakhpur under an alias name Paras. The police identified him later on and arrested him there same night. The report of the incident was lodged by Sri R. K. Singh, S.I. at P. S. Shahpur, Gorakhpur. It was registered as a case crime No. 227/83 under S. 307, I.P.C. and crime case No. 228/83 under S. 5 of the Explosives Act It was further mentioned that after investigation, charge-sheet was submitted and the Sessions trial was pending before VII Additional Sessions Judge, Gorakhpur. iii) On 21-7-84, the detenu sent one threatening letter to one Mr. Paul of Paul Agency, Sumer Sagar, Gorakhpur that he should come with Rs. 25,000/- to Vishnu Mandi and hand over the same to the detenu's man. It also contained the threat that if the matter would be reported to the police, then he would lose his life. It is further mentioned that another letter of similar nature was sent by the detenu to one Sri Roopchand Maurya, r/o. Asuran Chauk, district Gorakhpur.

(3.) It is further mentioned that on the basis of the threatening letter addressed to Mr. Paul, Sri Jogendra Paul Singh asked for an armed shadow, upon which the police provided armed shadow to him. It is further stated that these threatening letters had created a terror wave in the business community of Gorakhpur.