ISHTIAQ HUSSAIN KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition for issue of a writ of habeas corpus quashing the detention order dt. 13-5-1985 and directing the respondents to release the petitioner forthwith.

(2.) The petitioner has challenged the order of detention dt. 13-5-1985 (Annex. 1) passed by the District Magistrate, Lucknow under S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act). The grounds of detention (Annex. 2) were served upon the petitioner in District Jail, Lucknow on the same day on which the order of detention was passed. While serving the grounds of detention the petitioner was directed to file representation, if any, to the State Government addressed to the Home Secretary through Superintendent Jail. The District Magistrate reported the matter to the State Government with the grounds on which the order had been made and the State Government approved the detention order. The petitioner made representation against the order of detention on 23-5-1985. The District Magistrate after obtaining the report of the Superintendent of Police, Lucknow forwarded it with comments to the State Government which rejected the representation on 1-6-1985. The petitioner was communicated the rejection of his representation by the State Government vide its communication dt. 3-6-85 and it was received by the petitioner on 4-6-1985. The present writ petition was filed on behalf of the petitioner on 10-6-85 challenging the validity of the order of detention on various grounds.

(3.) The grounds of the order of detention are four in number. The first ground is that on 11-2-1985 the auction for collecting skins and bones was to take place in the building of Zila Parishad, Lucknow. At about 4 PM the petitioner on one hand and Niroz Hasan and Firoz Hasan, sons of Zahir Hasan on the other exchanged words about the auction and then scuffle started resulting in breach of the peace within the premises of Zila Parishad due to which they were arrested by the police for an offence under S. 160, IPC. The second ground is that on 3-3-1985 at about 9 a.m. Zahir Hasan and his son Firoz Hasan went to the leather market of Mohamood Nagar. It was market day of the village. The petitioner along with his three companions arrived there on a motorcar and shot dead Zahir Hasan Khan and ran away with the result the people in the market were horrified and ran helter-skelter with their belongings and normal functioning of the market was disturbed. The third ground is that on 19-4-85 at about 6 PM the petitioner met Firoz Hasan in a grove while he was coming back after doing 'pairvi' in the case started in connection with the murder of his father Zahir Hasan; and asked him not to do 'pairvi' otherwise he would also meet the fate of his father. The last ground is that on 22-4-1985 at about 8 a.m. the petitioner met Zafar Khan resident of village Bakhtyar Nagar who is an eye-witness of the murder of Zahir Hasan and threatened to kill him in case he would give evidence against him in that murder case.