SANTOSH KUMAR SINGH Vs. DISTRICT MAGISTRATE SONEBHADRA

JUDGEMENT

(1.) M. C. Jain, J. The petitioner has challenged the detention order dated 16-3-2005, passed by respondent No. 1, District Magistrate, Sonebhadra, under Section 3 (2) of the National Security Act, 1980 and his continued detention thereunder.

(2.) THE grounds of detention are contained in Annexure-4 to the writ petition. THE foundation was an incident dated 28th December, 2004 of 10. 30 a. m. which took place near the office of P. W. D. , Robertsganj, District Sonebhadra. One Assistant Engineer Sukkhoo Chaudhary was short dead. THE report of this incident was lodged the same day at 11. 05 a. m. by one Bageshwari who was Chaukidar in PWD office near which the incident had taken place. None was named as culprit in the F. I. R. However, during the course of investigation, the petitioner came to figure as one of the culprits who had hatched a criminal conspiracy for the said murder. THE petitioner wanted to have an upper edge in grabbing contracts but the said Assistant Engineer was not succumbing to his pressure, lending helping hand to advance his evil design. It was said to be the reason of his murder. THE said incident was committed in brilliant daylight which created an atmosphere of panic and terror in the entire area and public order was completely disturbed.

(3.) BY order dated 29-8-2005, another Bench of this Court permitted the petitioner to make a fresh representation to the State Government and Central Government within two weeks. The Counsel for the petitioner was permitted to file a copy of the representation before the Court by way of supplementary affidavit. In consequence of such order, the petitioner made representation dated 3-9-2005 and filed copy of the same with supplementary affidavit as Annexure SA-1.