TEJ BAHADURYADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Tej Bahadur Yadav, petitioner has filed this writ petition for issue of a Writ of Habeas Corpus and for quashing the order of detention dated 29-2- 1996 passed by the DistrictMagistrate, Gorakhpur, respondent No.3, under Section 3(2) of the National Security Act, 1980, which was confirmed by the State Government, respondent No.2 vide its order dated 23-4-1996. The petitioner was served with the detention order dated 29-2-1996 (Annexure 1) to the writ petition on 29-2-1996 itself. The grounds of detention were also served on him the same day. The grounds related to the single incident dated 8-12-1995. On that day am Parkash Paswan Ex M.L.A. lodged a written report at police, station that at 12.00 noon he was going alongwith his party associates, Ex M.L.A. Virendra Pratap Shahi and other workers in Maruti Car and Tata Mobile vehicle from his residence to party office in Tamkuhi Kothi. Gorakhpur, that in Mohalla Basaratpur near Nehru Yuva Kendra on the main road going from Gorakhpur city toward Medical College, the petitioner Tej Bahadur Yadav alongwith Rakesh Yadav, Brahma Yadav, Sant Lal. Ram Samujh, Lalji Laddoo Yadav and Sripat Dadhi acting in concert started indiscriminate firing and attack by Katta, Bombs and Revolvers on him and his supporters due to which the traffic got stranded, the shops were closed, people started running helter skelter and the public order was disturbed. In the occurrence, am Prakash Paswan, Virendra Shahi and 7 others were badly injured and both the vehicles were badly damaged. On the F.I.R. of am Prakash Paswan, Crime No. 782 of 1995 under Sections 147, 148, 149, 307, 325, 506 and 427, I.P.C. and Section 5(2)(5) of the S.C.S.T. Act, 1989, was registered, Chargesheet was submitted on 23-12-1995 against the petitioner and the other accused in the case which was pending. The grounds of detention further state that the present petitioner was in custody in District Jail, Gorakhpur in that case and that the report of the Senior Superintendent of Police. Gorakhpur indicated that the was every possibility of his being released on bail and his release on bail, would be injurious to the general public and he would put the public order in jeopardy.

(2.) From the side of the respondent No.1. Union of India, counter affidavit of Ishwar Singh, Desk Officer, Ministry of Home Affairs was filed. Narendra Bahadur Singh, Upper Division Assistant in the Civil Secretariat, Lucknow filed his separate counter affidavit on behalf of the State of U.P., respondent No.2 Udai Pratap, Deputy Jailor of the District Jail filed his affidavit on behalf of the Superintendent, District Jail, respondent No.4. Rahul Bhatnagar, District Magistrate Gorakhpur, Respondent No.3 has also filed his counter affidavit, Rejoinder Affidavits have been filed on behalf of the petitioner.

(3.) We have heard the learned Counsel for the petitioner and the learned A.G.A, appearing on behalf of the respondent Nos. 2 to 4. None appeared for the Union of India at the hearing of this writ petition.