DILLAN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Detention orders dated 30-7-2005 impugned in these three Habeas Corpus Petitions were passed by the detaining authority District Magistrate, Rampur, on the basis of one and the same incident. The petitions being related to each other, we propose to decide them by this common order. The petitioner in Habeas Corpus Petition No. 74250 of 2005 is Dillan, Sallan has filed Habeas Corpus Petition No. 74254 of 2005 and in Habeas Corpus Petition No. 77516 of 2005 the petitioner is Majid. They have challenged the detention orders in question passed against them under Section 3 (2) of the National Security Act by the District Magistrate Rampur and their continued detention there under as being illegal.

(2.) THE grounds of detention are contained in Annexure 2 to each Writ Petition. THE foundation for passing of the same was an incident which took place on 27-6-2005 at about 6 p. m. in Mohalla Bajodi Tola, Police Station Ganj, District Rampur, the F. I. R. of which was lodged by the injured of the incident, namely, Salim son of Mehdi Hasan the same day at 7. 30 p. m. One Irshad Hasan @ Parvez was shot dead in the incident and the informant Salim was injured. Salim was a motorcycle mechanic and he had got sold a motorcycle 'freedom' brand to Sallan (petitioner of Habeas Corpus Petition No. 74254 of 2005) and had got paid Rs. 500/-as part of the sale price to the seller. THE remaining amount was promised to be paid by Sallan after few days. On 27-6-2005 at about 6 p. m. he happened to meet Sallan (petitioner of Habeas Corpus Petition No. 74254 of 2005, Mallan, Dillan (petitioner of Habeas Corpus Petition No. 74250 of 2005) and Majid (petitioner of Habeas Corpus Petition No. 77516 of 2005) at the milk shop of Ahmad Hasan in Mohalla Bajodi Tola. He asked Sallan to pay the remaining sale amount of motorcycle. Sallan replied that the motorcycle was not to his liking and his earnest money be returned to him. Salim told him that he would talk to the seller for getting returned the earnest money. However, the three petitioners and Mallan started hurling abuses on him and assaulted him with the butts of country made pistols. From the side of the Degree College, Salim's maternal uncle Irshad Hasan @ Parvez happened to come, who questioned them for assaulting Salim. Sallan, Mallan, Dillan and Majid, leaving Salim, caught hold of Irshad Hasan and Sallan opened shot on his chest and Mallan on his temple. Majid opened fire on him (Salim) which caused injuries to him. Dillan also participated by hitting him and Irshad Hasan with the butt of country made pistol. After so injuring Irshad and Salim, the three petitioners and Mallan ran away flaunting their country made pistols creating terror all around.

(3.) COUNTER and rejoinder affidavits have been exchanged.