ADESH KUMAR JAGGU Vs. ADHICHHAK JANPAD KARAGAR PRATAPGARH

JUDGEMENT

(1.) The petitioner seeks a writ of Habeas Corpus for being set at liberty on quashing the detention order dated 24-9-1996, (Annexure 1) passed by District Magistrate, Pratapgarh under Section 3 (2) of the National Security Act, 1980 (here-in-after referred to as the Act) which was approved by the respondent No. 3, State of Uttar Pradesh and later on confirmed on 19-11-1996 in pith and substance by the same respondent on the recommendations of the Advisory Board constituted under the Act.

(2.) The gist of the matter is that since the criminal activities in which the petitioner was allegedly involved since late 1993 were likely to create problems in the maintenance of public order, therefore, on 9-9-1996 Inspector In-charge of P.S. Lalganl Kotwali submitted a detailed report to the Superintendent of Police, Pratapgarh (Annexure 3) proposing his detention under Section 3 (2) of the Act so as to ensure the maintenance of public order. He also detailed a history of petitioners criminal activities including the latest on when on 4-7-1996 at around 4-5 P.M. he committed a broad-day light sensational murder in the crowded market of village Keshavpur. Agreeing with his report, in 11-9-1996 the Superintendent of Police, Pratapgarh transmitted all the relevant papers to the District Magistrate for taking appropriate steps with regard to the proposed detention. In the light thereof, the latter passed the impugned order on 24-9-1996, which was served on the petitioner on the next day in jail where the was under detention with regard to the aforesaid murder case registered per crime No. 265 of 1996 at P.5, Lalganj for the offences punishable under section 302 of the Indian Penal Code and Section 3(2) of the S.C.S.T. Act.

(3.) Copies of the relevant documents including the grounds of detention numbering ten were supplied to the petitioner and papers were forwarded to the State Government for its approval, granting the requisite approval, the State Government referred the matter to the Advisory Board which recommended the detention. Accordingly the State Government passed the final order dated 19-11-1996 contained in Annexure 1 for twelve months detention under Section 3 (2) of the Act.