AZAD VIKRAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition in the nature of Habeas Corpus has been filed with the prayer to declare the impugned detention order dated 30.01.2015 passed under National Security Act, 1980 as illegal and arbitrary with the further prayer to quash the consequential approval order dated 09.02.2015.

(2.) The facts giving rise to the present petition are that on 25.10.2014 at about 7.35 am, the petitioner along with his other companions had caused murder of one Sri Om Prakash Singh at his brick kiln and had absconded from there. Case Crime No.254 of 2014 under sections 147, 148, 149, 302, 34 Indian Penal Code, Police Station Wazirganj, District Gonda and another Case at Crime No.255 of 2014 under section 3/25 Arms Act in the same police station were registered and the petitioner was arrested.

(3.) On 26.01.2015, a report was made by the Police Station Wazir Ganj, District Gonda to the Superintendent of Police, Gonda stating therein that there was a serious threat to public law and order and the petitioner is trying to get his release in the aforesaid offences by which the maintenance of public law and order shall be disturbed. Therefore, the petitioner should be detained under Nation Security Act, 1980 (for short 'NSA'). Circle Officer Incharge of Police Station Wazirganj, District Gonda as well as Additional Superintendent of Police Gonda recommended to the District Magistrate Gonda for invoking the provisions of 'NSA'. Upon the recommendation of the police officers, the District Magistrate Gonda, considering all the facts and circumstances of the case, passed the impugned detention order dated 30.01.2015 for detaining the petitioner under section 3(2) of the NSA.