SUDHIR KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The petitioner through this petition has challenged the detention order dated 14-3-2005 passed against him by respondent No. 2-District Magistrate, Aligarh under Section 3 (2) of the National Security Act, 1980.

(2.) THE grounds of detention are contained in Annexure-1 to the writ petition. THEy are based on an incident dated 26-10-2004 of about 3. 30 p. m. which took place in the market of Bara Gaon, P. S. Lodha, District Aligarh, registered at Crime No. 127 of 2004 under Sections 147/148/149/302 IPC. He is a named accused alongwith some others in the F. I. R. that was lodged by Sarnam Singh the same day at 4. 40 p. m. THE background was of some election rivalry. One Jagmohan alias Lala was murdered in the said incident in execution of a criminal conspiracy which was allegedly hatched on 21-10-2004. On the eventful day and time, Jagmohan alias Lala with his father was going on Hero Honda motorcycle No. UP 81-M/0168 from Aligarh to his village Dhoda being followed by two other motorcycles driven by Radha Raman (brother of deceased Jagmohan) and Prakash Chandra. When they reached in the market of Bara Gaon near the diesel shop of Chhedalal, a Maruti Car No. U. P. 85 L/2325 came from the side of Gonda and hit the motorcycle of Jagmohan alias Lala with the result that he and his father Sarman Singh fell down. From the Maruti car, the present petitioner Sudhir Kumar alongwith five others alighted with fire-arms and started indiscriminate firing on Jagmohan alias Lala. As a result, he died at the spot. To create terror and to scare away the witnesses, further shots were opened and then the petitioner alongwith his companions made his escape good by the same Maruti car towards Gonda. THE grounds of detention further state that the incident created an atmosphere of terror and panic in the market. THE shopkeepers downed their shutters. People started running helter and skelter. Even tempo of public life was severely distributed and public order was adversely affected in extremity. It is also there in the grounds of detention that the shopkeepers on account of fear did not open their shops for days together. S. P. Rural, Circle Officers of different circles including sufficient police force had to rush the spot immediately and additional force also had to be deployed at the spot to control the situation to restore normalcy, for maintenance of public order and also to infuse confidence in people all around.

(3.) IT has next been argued for the petitioner that the alleged incident took place on account of personal enmity and it was simply a matter of law and order with no overtone of public order. According to him, none else excepting the deceased was allegedly targeted or hurt and the matter could not at all be deemed to be related to public order.