RAM KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Misra, J. The petitioner has challenged the detention order dated 31-8-05 passed against him by the District Magistrate, Bijnor-respondent No. 2 under Section 3 (2) of the National Security Act 1980 and his continued detention thereunder.

(2.) THE grounds of detention given in support of the detention order are contained in Annexure-1 to the writ petition. It is stated therein that the petitioner is a hardened criminal of P. S. Dhampur and due to his having committed murder of a girl aged about 10 years in a planned way, there was atmosphere of fear and terror and the maintenance of public order had been adversely affected. It is further stated that due to his terror, no-body could dare to give information to the police or to give evidence against him. Describing his criminal activities, it is stated that on 25-7-05 at about 6 p. m. the petitioner alongwith his companions tried to misbehave with a girl aged about 10 years and subsequently killed her dragging her in a sugar cane field. On the same day, naked dead-body of the girl was found in the sugarcane field. Due to this incident, the people became terrorized and fear stricken. Communal tension prevailed in the area and due to this incident, the communal harmony was disturbed. In these circumstances, the District Magistrate, Bijnor thought it fit to pass the impugned detention order.

(3.) THE first contention of the learned Counsel for the petitioner is that the main Incident made basis for passing the impugned order related to question of law and order and it cannot be termed as question of public order. In support of his contention, learned Counsel relied upon the case of Rajendra Singh v. Adhikshak, Janpad Karagar, Janpad Ghaziabad, 2006 (54) ACC 105. On the other hand, Sri Arvind Tripathi, Learned A. G. A. argued that the girl which was misbehaved belonged to minority community and this incident flared in communal disharmony and the District Magistrate, Bijnor rightly passed the detention order against the petitioner.