MANVENDRA SINGH ALIAS SONU Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all the above writ petitions, the petitioners have challenged the detention order dated 28 -9 -2005 passed by District Magistrate, Jalaun, respondent No. 3, under Section 3 (2) of the National Security Act passed on the basis of one and the same incident. Hence, they are disposed of by a common order.

(2.) THE grounds of the detention in Habeas Corpus Writ Petition No. 77891 of 2005 are contained in Annexure No. 5 to the writ petition. On 14 -6 -2005 at 7.45 p.m. Mahendra Kumar Sharma informed at the P.S. Nadigaon that on the same day at about 5 p.m. he alongwith his father Ashok Kumar Sharma, his younger brother and his sister's son went for marketing in Nadigaon market. As soon as they reached near the shop of Farid Kadri, a Marshal Jeep stopped there and Manvendra, Abhinyu @ Dimpal, Deewan Singh, Tajuddin @ Pinku and Jagbhan Singh armed with country made pistols alighted there. All the accused pointing towards his father exhorted to kill him. Upon this, Abhimanyu @ Dimpal fired a shot. Manvendra and Tajuddin @ Pinku also fired shots upon the first informant. He escaped unhurt. Due to the firing, there was panic in the market. General Public became fear stricken and felt terrorized. The shop -keepers ran away from their shops. Thereafter, all the accused showing their arms and firing shots in the air retreated fearlessly. The first informant immediately took his injured father to Konch Hospital for treatment but before reaching the Hospital he died on the way. An F.I.R. being case crime No.65/05, under Sections 147, 148, 149, 307, 302/34 was registered at P.S. Nadigaon. It is further stated therein that the deceased Ashok Kumar Sharma was an active member of a political party.

(3.) WE have heard learned Counsel for the petitioners and Sri Arvind Tripathi, learned A.G.A, for the State as well as Sri R.D. Tewari, Counsel for the Union of India (In Habeas Corpus Writ Petition No. 77891 of 2005). None appeared for Union of India In writ petition Nos. 78135 of 2005 and 78137 of 2005.