ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has been detained under the provisions of the National Security Act under the order of the District Magistrate. Mahamaya Nagar recorded on 22.5.97. This order has been challenged through the present habeas corpus petition invoking the powers of this Court under Article 226 of the Constitution for issuance of a writ, order or direction in the nature of habeas corpus for production of the petitioner before Court, for quashing the order of detention and for setting him at liberty.

(2.) The order dated 22.5.97 is in Hindi and it reads that the District Magistrate was satisfied that the petitioner's detention was necessary for maintenance of public order In the district of Mahamaya Nagar and accordingly he exercised his powers under Section 3 (3) of the National Security Act and directed his detention in terms of Section 3 (2) of the said Act in the District Jail at Aligarh.

(3.) The order was appended with the grounds of detention and it indicated that the petitioner had been a driver under one Banke Behart Agarwal at Hathras and was given the responsibility of taking and bringing back the children to and from the school. While on such duties, he conspired with other persons to kidnap the children and on 24.4.97 at about 11.00 a.m., he kidnapped for ransum three children aged 5 years or below. A Criminal Case No. 85 of 1997 under Section 364, I.P.C, was registered for this kidnapping. "As a result of this incident, not only in the city of Hathras but in the contiguous areas as well, thousands of persons assembled at police station Hathras Gate. There was a complete "Bundh" of the markets in Hathras city and the guardians in general stopped sending their wards to schools. Social service institutions started hunger strike against inaction of the police and all commercial Institutions were closed. A sense of fear and panic engulfed the people in general and public order had broken down completely. When the sense of insecurity felt by the people of Hathras was published in the news paper the panic spread to the entire area as well. On 20.4.97 a co-accused Durgpal was arrested and on his pointing out, the present petitioner was found along with the kidnapped children in the forest of Naglaveer Sahai.