KAMLESH VERMA Vs. SUPERINTENDENT DISTRICT JAIL BANDA

JUDGEMENT

(1.) NON-placement of the representation sent by an advocate Sri Daya Shankar Misra under his name and signatures, alleged to be on behalf of the detenu, before the Advisory Board by the State Government - respondent No. 3 and non-consideration of the same by the Advisory Board rendering the detention order dated 2-7-2005 (annexure No. 1 to the writ petition) passed by the District Magistrate - respondent No. 2 against the petitioner (detenu), under Section 3 (2) of National Security Act, 1980, to be illegal and deserving to be quashed, is the point mooted for our consideration through the present habeas corpus petition alongwith ancillary grounds.

(2.) BUT before adverting to the controversy, we relate the factual matrix of the petition. The dossier dated 27-6-2005 by the police of Police Station Kotwali, District Banda and recommendation dated 28-6- 2005 by Superintendent of Police, Banda resulted in the passing of detention order under Section 3 (2) of the National Security Act, 1980 (hereinafter Referred to to as 'the Act'), against the petitioner on 2-7-2005 (Annexure No. 1 to the writ petition) by the District Magistrate, Banda - respondent No. 2. On that day itself, the grounds of detention were served on the petitioner which revealed that on 20-1-2005 at 9 A. M. in the down town Banda, the detenu along with his associate Dasrath Yadav abducted a young infant student Ishu Nigam of Class V, aged about nine years, for the purpose of ransom of Rs. 15 Lacs and thereafter murdered him, throwing his corpse tied with stone in Brahmanand barrage over Burma river under circle of Police Station Rath, District Hamirpur. The detenu burnt his school bag near the field of Pappu son of Jugul Babu in village Evjhi, situated near Muskara Basaura way, P. S. Muskara, District Hamirpur. The aforesaid activity engulfed the area with terror and insecurity, as a result of which public order was shattered and the parents stopped sending their children to schools, Shiv Shankar Nigam, father of the infant boy lodged a report at Police Station Kotwali Banda on 21-1-2005 at 2. 40 p. m. , regarding the disappearance of his son. On 22-1-2005 at 20. 50 hours he received anonymous telephone call demanding a ransom of Rs. 15 Lacs, resulting in the conversion of the registered crime No. 23 of 2005 into an offence under Section 364-of I. P. C. Anguished and deterred parents and the social organizations dispatched various representations and letters to the authorities. During investigation, the complicity of the detenu surfaced resulting in his arrest on 27-1-2005. The dead-body of the infant boy alongwith his half burnt pieces of his books, pant and shirt alongwith stone and gunny bag (in which the dead-body was concealed) were recovered at the pointing out of the petitioner detenu. The investigation culminated into charge-sheet against the petitioner detenu under Sections 364-A, 302, 201, 34 I. P. C. The petitioner was endeavouring to get himself bailed out and the news of his efforts further intensified the sense of insecurity amongst the public. This was so reported by constable Mahesh Chandra and Ram Pal and was entered vide entry No. 30 dated 27-5-2005. Two other constables Ram Singh and Sant Ram Pal also reported the same air of insecurity on 31-5-2005 vide entry No. 32. The aired news of the petitioner being enlarged on bail deterred the parents and they stopped sending their children to school. Consequently, to stop the petitioner from acting in the manner prejudicial to the maintenance of public order in future by indulging in such activity, the District Magistrate-respondent No. 2 detained him under the Act as mentioned above which is under challenge before us.

(3.) ON the above facts, the detention order is under challenge before us.