RAM GOVIND GOVINDA CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of the instant Habeas Corpus writ petition, the petitioner has challenged the order of detention dated 16-4-1997 by which the petitioner was detained by the District Magistrate. Deoria under Section 3(2) of National Security Act, 1980. The said detention order was served on the petitioner in jail on 17-7-1997 because at that time he was in jail in Case Crime No. 26 of 1997 pertaining to P.S. Madarwur. District Deoria.

(2.) The impugned detention order was challenged by the petitioner on several grounds including that the impugned detention order suffers from the voices of non-application of mind as well as consideration of extraneous material. He further contended that the State Government as well as the Central Government failed to consider the representation of the petitioner expeditiously and therefore the petitioner's detention is vitiated. Apart from this, it is also pointed out that the detenu has also been deprived of making an effective representation to the Authorities concerned as envisaged under Article 22(5) of Constitution of India.

(3.) In support of the first ground regarding extraneous consideration, the learned Counsel for the petitioner pointed out that he specifically in paras 39 to 45 of the writ petition has pointed out the allegations made by the Sponsoring Authority to the District Magistrate without any material. In the report submitted by the Station House Officer of P.S. Madanpur. District Deoria, it is pointed out that seeing the criminal history of the detenu from the years 1994 to 1997, it is evident that the detenu had no regard for law or public order. It is also alleged that the detenuTs family life was of very low standard and his father was also a man of criminal propensity. It is also alleged that from the very beginning, he used to hurl Bombs and Katta and also the fact that the police always remained in search of his father. It is said that the detenu started living with criminals and he did not persue his education. It is also alleged that he also followed to the footprints of his father. It is also alleged that the detenu acted just like a mad elephant and further he never hesitated to assault any persons including officers or police personnel. The Station Officer in the sponsoring report described the detenu as a very dangerous man comparing him with a mad elephant and pointed out he has no hesitation to give blow to anybody including the officers as well as police personnels. The question for consideration is that as to whether the detenus childhood passed among criminals because his father was also a man of criminal propensity and further he himself used to take liquor and due to this he had caused terror in the society.