ZAKI AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a habeas petition filed by Zaki Ahmad against an order of detention dated 10.7.1987 passed by the District Magistrate, Aligarh under section 3(2) of the National Security Act. The petitioner was already in jail in connection with some other cases. The order of detention was served on the petitioner in jail on the same day, i.e. 10.7. 1987. The case of the petitioner was referred to the Advisory Board on 22/7/1987. The petitioner had made representation to the State Government against his detention order on 29/7/1987. The said representation was sent to the State Government on 31/7/1987. The same was received by the State Government on 1/8/1987, 2/8/1987 was Sunday. The said representation was placed before the Advisory Board on 3/8/1987. The representation was rejected by the State Government on, 12/8/1987. Hearing before the Advisory Board took place on 18/7/1987. The Advisory Board submitted its report against the petitioner on 25/8/1987. The detention order was confirmed by the State Government on 27. 8.87.

(2.) According to the grounds of detention Sri Chandra Pal Singh, Station Officer, Police Station Gandhi Park, Aligarh, received a message on 26.6.87 at about 7.15 p.m. that the petitioner was sitting near company garden and was waiting for his companions and that he was in possession of unlicensed arm and ammunition. On the same the said Station Officer organised a raid. On being chased by the police party the petitioner fired a shot with a revolver on the police party as a result of which the people started running either and thither. The, truck drivers along with trucks started to run and the shopkeepers in the area closed their shops. The firing made by the petitioner created panic among the people. The petitioner was, however, overpowered at about 7.45 p.m. on the same day and a revolver of 38 bore and some live cartridges were recovered from his possession. Case Crime No. 169 of 1987 under section 307 I.P.C. and Case Crime No. 170 of 1987 under sections 25/27 of Arms Act were registered against the petitioner.

(3.) The petitioner was interrogated by the police on 27.6.87 when the petitioner made a confession with regard to his participation. In the incident which had taken place in the City of Aligarh On 21.6.87, resulting in the registration of Case Crime Nos. 159, 160 and 161 of 1987. The petitioner had confessed that on 18.6.87 one Bashir, father of Aqil, had called him at his house and after telling him that the police had got his son Aqil disappeared or had killed him in an encounter, stated that revenge had to be taken from the police. The petitioner further confessed that on the same he and his associates on 21.6.87 at about 9 p.m. pelted brick-bats, upon the government vehicles, including that of the police and of P.A.C., and caused damage to them. They assaulted one home-guard personnel. The petitioner and his associates also set fire to the shops, situated at Mohammad Ali Road, as a result of which 11 shops were completely gutted. They gave knife blows to police personnels and passersby, who were going on by cycles and rickshaws. The person who sustained injury in the rickshaw succumbed to his injuries. The said incident had created a reign of terror and had disturbed the even tempo of the life of the community.