SOHAIL AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution, the Petitioner has challenged validity of his continued detention made in pursuance of the order of the District Magistrate, Kanpur, dated 1/2/1985.

(2.) The District Magistrate, Kanpur, issued an order on 1/2/1985, in exercise of his power under section 3(2) of the National Security Act, 1980, for the petitioners detention as he was satisfied that the petitioners detention was necessary with a view to preventing him from indulging into activities prejudicial to public order. The detention order was served on the petitioner on 2/2/1985 in jail where he was detained in connection with some other criminal case. The petitioner has since then continued to be under detention in jail. The District Magistrate in compliance to the provisions of section 8 of the National Security Act (hereinafter referred to as the Act) communicated grounds to the petitioner upon which the detention order has been made. The ground of detention as served upon the petitioner refers to an incident which took place on 12/1/1985. English translation of the ground is as under: After your release from Jail on 18/4/1984, you went to house No. 94/95, in front of Abdul Mai Corporation situate in Police Station Beconganj, Kanpur, at about 7 P.M. on 12/1/1985, along with your associates, Lakhan, Saturi Pandit and Shakil Chhota alias Shakil Chikna. You and your associates were armed with country made pistols and bombs. You had revolver in your right hand and a bomb in your left hand. Your associate Shakil Chhota alias Shakil Chikna had a bomb in his right hand and Saturi Pandit and Lakhan had in their hands country made pistols. You threw bomb on Mohd. Sabir which fell at a corner near the Chanda Building. On the explosion of the bomb Mohd. Sabir received injuries on his back. The noise created by the explosion of the bomb attracted police party which was on patrol duty. The immediately reached the spot, whereupon you and your associates ran away in a lane adjacent to Tahir garage. On being persued by the police and other persons you and your companions fired on them and threw bombs as a result of which R.D. Azad, Sub-Inspector, was injured in his left thigh. The police party returned the fire in defence. While running you fell down near a Nali as a result of which the bomb in your hand exploded causing serious injuries in your left hand palm. Thereafter the police caught hold of you but your associates fled away. At the time of your arrest an English revolver of 32 bore was recovered from your right hand which had two live cartridges. As a result of this incident the life of the community was disturbed and people started running helter skelter and shops were closed and the entire area was gripped with fear.

(3.) The ground further states that a report in respect of the aforesaid incident was lodge at Police Station Beconganj under section 307 I.P.C. and section 25 Arms Act against the petitioner. The order further states that in view of the aforesaid facts stated in the ground the District Magistrate was satisfied that in order to maintain public order, it was necessary to detain the petitioner. The State Government by its order dated 7.2.1985 approved the detention order. The petitioner made a representation to the State Government and he also appeared before the Advisory Board. On the recommendation of the Advisory Board the State Government by its order dated 21/3/1985 confirmed the detention order.