AZIMUDDIN ALIAS HAZI Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) THIS petition has been preferred by Azimuddin alias Hazi, s/o Sayeeduddin, r/o 402, Firoznagar, Lisari Road, P. S. Lisari Gate, District Meerut for quashing detention order dated 4.8.95 passed by the District Magistrate, Meerut under Section 3 (2) of the National Security Act, 1980. On the same day, the copy of the detention order was given to the petitioner. The petitioner's case is that he was arrested on 31.7.95/1.8.95 by the H.S.O. Kotwali Meerut. A telegram was sent by the petitioner's father addressed to the Chief Minister, at Lucknow, as such the interference of the Chief Minister was sought for the illegal detention of the petitioner by the police from the residence of the petitioner within the P. S. Lisari Gate, Meerut. Another telegram was made on behalf of the petitioner on 1.8.95 wherein it was alleged that the petitioner was arrested in the mid-night of 31.7.95/1.8.95 from his residence and that telegram was also addressed to the Chief Minister and was also addressed to the Chief Justice of India, New Delhi. In fact petitioner's further case is that though he was arrested in the mid-night of 31.7.95/1.8.95 but he was shown as arrested on 2.8.95 at 8.20 p.m. from Indra Chowk, P. S. Kotwali, Meerut. The allegation against the petitioner runs as follows : He was manufacturing bombs and his associates died out of explosion of the bomb while they were engaged in making bombs. It is further alleged that the petitioner was arrested on 2.8.95 at about 8.20 p.m. while the time-bomb exploded near the railway bridge within the police station Kotwali, District Meerut. It has been contended that the petitioner was shown as arrested in connection with Crime No. 207/85, under Section 4/5 of the Explosive Act and he has been implicated in that way for the alleged prejudicial activity to public security. The District Magistrate, Meerut, passed the impugned detention order on the basis of the report of the S.S.P., Meerut on 4.8.95 which was served upon the petitioner on the same day. It is the further case of the petitioner that the District Magistrate did not apply his mind but mechanically, as per request made by the S.S.P., Meerut, passed the impugned detention order dated 4.8.95 under Section 3 (2) of the National Security Act. Petitioner was produced before the court in the aforesaid Crime No. 207/85, under Section 4/5 of the Explosive Act and he was send to jail on 3.8.95 by the order of the learned Magistrate. The Circle Officer of Kotwali Police Station made a proposal for detention of the petitioner on 3.8.95 which was placed before the S.S.P., Meerut and who in his turn alongwith the connecting papers requested the D.M., Meerut for passing the necessary detention order against the petitioner on 4.8.95 and actually the D.M., Meerut passed the impugned detention order on 4.8.95 and sent the order along with papers to the appropriate authorities of the State Government on 7.8.95 for approval of the order dated 4.8.95 and the State Government approved the said detention order dated 4.8.95. The State Government sent the order of approval along with the order of the D.M., Meerut, to the Central Government on 14.8.95. Thereafter, the petitioner submitted his representation to the Superintendent, District Jail, Meerut, which was addressed to the District Magistrate, Meerut, as such the Superintendent, District Jail Meerut, sent the said detention order alongwith particulars to the Central Government. The petitioner submitted his representation to the Jail Superintendent which was considered by the Advisory Board on 1.9.95. The State Government received the advice of the Advisory Board on 2.9.95 relating to the petitioner's detention and the representation made by the petitioner and that detention order was affirmed by the State Government for a period of one month. On 22.9.95, the representation of the petitioner was sent to the Central Government and on 21.9.95, the same was rejected by the Central Government. Be it noted that the representation made by the petitioner (eight copies) were received by the Superintendent Jail at Meerut on 19.8.95. The Superintendent, Central Jail, Meerut, sent the same to the D.M. Meerut, on 24.8.95, and the D.M. Meerut, sent the same to the State Government and the State Government received the same on 25.8.95. Parawise comments of the D.M. Meerut were sent by the State Government to the Central Government and the same was received by the Central Government on 30.8.95. The representation of the petitioner along with parawise comments of the D.M. were sent to the Secretary Homes, on 30.8.95 and the Central Government rejected that representation of the petitioner on 21.9.95 which was intimated by the Government of India on 10.10.95 and the same intimation was received by the Superintendent Central Jail on 22.10.95. The representation of the petitioner for sending the same through post was made on 18.8.95 which was received by the Superintendent, Central Jail, Meerut on 19.8.95. The parawise comments sent by the District Magistrate, Meerut to the State Government was received by the State Government on 30.8.95 and the Principal Secretary, Government of U. P. examined the parawise comments on 31.8.95 and the State of U. P. rejected the representation of the petitioner on 31.8.95 and the District Magistrate received the rejection order of the State Government on 4.9.95. The detention order has been challenged by the petitioner on the following grounds :-

(2.) IT has been contended by the petitioner that he was arrested in the mid-night on 31.7.95/1.8.95, but he was shown as arrested on 2.8.95 at about 8.20 p.m. which was contrary to the facts. The arrest of the petitioner was made on 31.7.95/1.8.95 and information of such arrest on 31.7.95 by the telegram was given by petitioner's father on 1.8.95 and on 2.8.95 by petitioner's mother. Copy of the telegrams were not placed before the Advisory Board to the prejudice of the petitioner. The copies of the aforesaid telegrams were not placed before the Central Government also for due consideration along with petitioner's representation against the impugned detention order passed by the D. M., Meerut. IT has been contended that though the representation of the petitioner was received by the Superintendent, Central Jail, Meerut on 19.8.95 but no body in Jail took pain for sending the same to the Central Government and the Superintendent, Central Jail, committed 11 days delay in sending the representation of the petitioner to the Central Government and the rejection order of the Central Government was passed after a month. Since the representation petition was received by the Superintendent, Central Jail, Meerut on 19.8.95, as such this inordinate delay in transmitting the same to the authority concerned should also be taken into consideration for quashing the detention order.

(3.) IT has been contended that the petitioner was arrested at about 8.20 p.m. on 2.8.95 and as such, he was produced in connection with case Crime No. 207/85, under Section 4/5 of the Explosive Act and he was produced before the learned C.J.M., Meerut on 3.8.95 and he was sent to jail by the order of the learned C.J.M., Meerut. Since the petitioner has not furnished bail bonds or bail order before the Superintendent, District Jail, Meerut, as such he could not be released and the petition itself on that ground is liable to be dismissed in limine.