SATISH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the above writ petitions involve common questions of fact and law and common arguments have also been advanced, they are being taken together for disposal by this common judgment.

(2.) Through the above writ petitions under Art. 226 of the Constitution of India, Satish, Ram Chandra Yadav and Om Prakash have prayed that detention order dated 24-11-2005 slapped against them by District Magistrate. Lakhimpur-opposite party No. 3 under Section 3(3) of National Security Act (hereafter referred to as Act'), be quashed.

(3.) Factual matrix impelling opposite party No. 3 to take action under the Act, in brief, is as follows :- On 3-9-2005 at about 10.00 a.m., the petitioners duly armed with Banka and pistol caught hold of deceased Neki at Mohanpurwa Tiraha when he along with his sister Gudiya and brother-in-law Ram Naresh were going on cycles. With an intention to kill Neki, he was attacked by means of Banka. Neki even after sustaining injuries managed to run away from the spot through the field and tried to hide himself in the house of Murli Raidas at a distance of 1 -2 furlongs but was followed by all the petitioners on motor-cycle. After the petitioners on motor-cycle went ahead the house of Murli Raidas, Gudiya sister of Neki and Ram Naresh his brother-in-law finding Neki seriously Injured, in order to save his life, tried to take him to Lakhimpur but soon after they reached on main road near Gurudwara Teg Bahadur Educational Institute in Village Sasauna, petitioners suddenly appeared there. On seeing petitioners when Neki, Gudiya and Ram Naresh ran inside the Gurudwara where children were studying and teachers were teaching, to save themselves, the petitioners without giving any consideration to the fact that it was an educational institute, dragged Neki out of Gurudwara and in most cruel manner repeated Banka blows were given until Neki died. Because of the said act of the petitioners, the children tried to hide themselves under the benches and the teachers in corners of the room. Due to commotion created because of incident even the people working in field ran helter-skelter. Entire public order was disturbed. Report of this incident was lodged on same day at 11.25 a.m. at Police Station Kotwali, Lakhimpur Kheri. The case was investigated by Sri Veer Singh, who after recording of evidence of witnesses and completing investigation submitted charge sheet in the case.