MOHAMMAD RAFIQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These five matters were taken up together as common points of fact and law were raised in these writ petitions. All these matters are being disposed of by this single judgment.

(2.) The petitioner Mohammad Rafiq has been detained under the provisions of Section 3(2) of the National Security Act (hereinafter referred to as the 'Act') by an order dated 20-5-1997 recorded by the District Magistrate Bulandshahr, for preventing him from acting in any manner prejudicial to the maintenance of public order. On the date of detention, he was already in custody in connection with case Crime No. 26 of 1997 relating to Police Station Khurja Dehat, District Bulandshahr. The detention order was served along with the grounds as required under Section 8 of the Act and it spoke of involvement of the petitioner in criminal activities along with his associates, viz. Liyaqat, Saniullah, Mauji, Jakiullah and Ahmad Saeed. It spoke of murder of one Wahid Khan by then and in that incident the miscreants had cut off the head of the victim and removed it. The incident created a reign of terror in the locality affecting maintenance of public order. Police were after them and certain miscreants surrendered in Court on 17-4-1997 and 24-4-1997, while other associates went on threatening the witnesses. It was stated further in the grounds that the son of the deceased, Wahid Khan was kidnapped by Saleem, Ahmad Ali and Anil Kumar, all associates of the petitioner, and this was done with a view to put pressure on the second wife of Wahid, on whom Liyaqat had a lustful eye. Mohammad Rafiq, Liyaqat, Saniullah, Mauji, Jakiullah and Ahmad Saeed were taken into police custody after their surrender and upon intensive interrogation a clue was found for recovery of the weapons with which Wahid Khan was murdered. His mother had made a report to the police about threats given to her and others. It was stated further in the grounds that the criminal activities of the petitioner and his associates had badly affected the maintenance of public order in the locality, Liyaqat and Saniullah were proceeded against under the provisions of the Goonda Act as also under Sections 107/116, Cr.P.C. It was stated that bail applications on behalf of these persons had been filed in Court and there was likelihood of their getting bail and once they were out on bail, they would surely commit serious offences against the complainant and the witnesses and would tamper with evidence.

(3.) For Jakiullah, the order of detention was dated 21-5-1997 and on that date he was already in custody. The grounds were almost the same as were indicated for Mohammad Rafiq and the grounds basically related with the murder of Wahid Khan, cutting off his head and taking it away.