RAM DEV Vs. STATE OF U P

JUDGEMENT

(1.) Through this writ petition the petitioner has challenged the detention order dated 6.5.2005, passed under Section 3(2) of the National Security Act 1980, passed by respondent No. 2-District Magistrate, Farrukhabad and his continued detention thereunder.

(2.) The grounds of detention are contained in Annexure 2 to the writ petition. It is based on an incident dated 14.3.2005 occurring at 8 A.M. in Mohalla Ganga Darwaja, in town Kayamganj, District Farrukhabad, The report was lodged the same day at P.S. Kayamgaj, District Farrukhabad at 8.30 A.M. by Vishun Dayal alias Munnu-brother of the deceased Ram Bilas alias Ram Besi. He was allegedly murdered in this incident in broad daylight. At that time, the informant, his deceased brother Ram Bilas @ Ram Besi and one Shiv Om were going to village Rutaul. There was enmity between the informant and his deceased brother on the one hand and Alok Kumar, Ram Dev (present petitioner), Pawan Kumar alias Dabboo etc. on the other and out of fear the informant and his brother had started residing in the town of Kayamganj with their relation Ram Kishore Tiwari. On the fateful day and time, Ram Bilas alias Ram Besi, informant Vishun Dayal and Shiv Om were going to village Rutaul. When they reached in front of the house of Govind Kaushal in Mohalla Ganga Darwaja, on a blue coloured T.V.S. Motorcycle Alok Kumar, Ramdeo (petitioner) and Pawan Kumar alias Dabboo came from southern side. The motorcycle was being driven by Alok Kumar who shouted aloud that Ram Besi be killed and all the three started indiscriminate firing towards him (deceased). To save his life Ram Bilas alias Ram Besi ran towards the house of Govind Ram, but he was shot dead by the three abovenamed including the petitioner. Alok Kumar even knifed him. The informant and Shiv Om raised shouts and challenged the accused but the petitioner and his associates offered threats that anybody daring to proceed ahead would be dealt with likewise. Then they went away firing. The grounds of detention further stated that that this incident created an atmosphere of terror and panic. The people started running helter skelter. The shopkeepers who were in the process of opening their shops, put down the shutters. The even tempo of life was completely shattered and public order was disturbed in extremity. People around concealed themselves inside their houses out of fear. People standing in a queue in the nearby temple to offer prayers, ran away because of this incident. It was also there in the grounds of detention that PAC had to be deployed for patrolling in the area so as to restore normalcy and infuse a sense of security in people around. The people were labouring under the shock of this dare devil incident committed in broad daylight. The grounds of detention further mentioned that the petitioner had surrendered in court on 18.3.2005. He was taken on police remand and he led to the recovery of countrymade pistol (weapon of offence) regarding which separate case under the Arms Act was also registered. He was said to be endeavouring to be bailed out and as per the grounds of detention, there was likelihood of his indulging in similar criminal activities prejudicial to maintenance of public order on being released on bail.

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