SATRAJ Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this habeas corpus petition, the petitioner has challenged the detention or ­der dated 14th July, 2006 passed by District Magistrate, Ghaziabad under section 3 (2) of the National Security Act (hereinafter referred to as the 'Act') - On the same day, grounds of detention (Annexure -3 to the petition) were also served on the petitioner in District Jail, Ghaziabad where he was detained in connection with case crime No.71 of 2006, under section 302/34 I.P.C., P.S Modi Nagar, district Ghaziabad.

(2.) IT appears that on 6th March, 2006, nominations for the election of delegates to Cane Society were being filled up at the office of Ganna Samiti where a large num ­ber of villagers belonging to village Gadana and other villagers had assembled with their candidates. One Raj Bahadur Singh along with his brother Amarjeet Singh @ Gandhi, members of his family and other villagers had also gone there for nomina ­tion. The petitioner accompanied by Rakesh @ Billu and Babendra @ Babbu along with his supporters were also there for nomination. At about 1 -00 P.M. Baben ­dra @ Babbu talked to Amarjeet Singh and there was exchange of hot words as to why Amarjeet was filing nomination. In the course of altercation, petitioner and his as ­sociate Rakesh caught hold Amarjeet Singh @ Gandhi and exhorted Babendra to kill with a view to teach him a lesson. Baben ­dra fired a shot with his country made pistol. Raj Bahadur Singh, brother of Amarjeet Singh, Jugmendra and Ashok and other villagers tried to apprehend the peti ­tioner and his associates but they suc ­ceeded in running away on account of heavy crowd brandishing their tamanchas. Amarjeet Singh, who was seriously injured, was taken to Jeevan Hospital on a Police Jeep but on account of his critical condition, he was referred to Yashoda Hospital at Ghaziabad where he succumbed to his in ­juries.

(3.) ON 9.7.2006, S.O. Modi Nagar sent a detailed report for detaining the peti ­tioner under the Act and made a request to detaining authority in this regard. S.S.P., Ghaziabad vide his letter dated 13th July, 2006 proposed to the District Magistrate for detaining the petitioner under section 3 (2) of the Act. Ultimately, on 14th July, 2006 the order of detention impugned in this petition was passed.