VIKRAM PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this petition filed under Art. 226 of the Constitution of India, the petitioner Vikram Pratap Singh has challenged the order of his detention dated 11-2-1985 passed under S. 3(2) of the National Security Act (hereinafter referred to as the Act) by the district Magistrate, Varanasi (hereinafter referred to as the detaining authority).

(2.) The order of detention was served on the petitioner the same day. It was based only on one ground which related to an incident which had taken place on 10-10-1984 at 2.30 A.M. outside the Tato Gate of the Railway Station, Varanasi Cantt. in which the petitioner is alleged to have pushed Sri O. P. Gupta, Divisional Engineer Mechanical, North-Eastern Railway, Varanasi when he was about to board a jeep after getting down from his saloon for his residence. The petitioner did not only push Sri Gupta but also fired at him with his revolver causing him fatal injury. The FIR of this incident was lodged at P. S. G.R.P. Cantt. by Sri S. K. Mukerjee, on the basis of which Crime case No. 322 of 1984 under S. 302 I.P.C. was registered. The petitioner was, however, not named in this F.I.R. A test identification parade was, however, held on 7-2-1985 in which the petitioner was not picked up by any witness. However, on a report made to the detaining authority by the police, the detaining authority was satisfied that the above activity of the petitioner created a terror in the locality which was prejudicial to the maintenance of public order. On being thus satisfied, he passed the impugned order against the petitioner.

(3.) The petitioner challenged the above detention order passed against him by means of Habeas Corpus Writ Petn. No. 2758 of 1985 which was dismissed by a Division Bench of this Court on 24-5-1985 : (reported in 1985 All LJ 958). The petitioner has again filed this petition with the same prayer on the basis of ground not taken in his earlier petition.