HARISH KASANA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Harish Kasna, who has been detained under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as "the Act") in pursuance of the order dated 6-10-1997 (Annexure 1) passed by the District Magistrate Agra, respondent No. 4, has filed this petition under Article 226 of the Constitution of India praying for issue of a writ of habeas corpus quashing the detention order and a direction for his release from detention forthwith.

(2.) From the order of detention (Annexure 1) and the grounds annexed to it (Annexure 2), com-municated to the petitioner under Section 8 of the Act, it appears that the detaining authority on arriving at a subjective satisfaction that the petitioner's detention under Section 3(2) of the Act is necessary to prevent him from acting in any manner prejudicial to the maintenance of public order directed his detention. In the grounds it is stated, inter alia, that on 31-6-1997 Sri Ram Swarup Mittal aged 67 years, a resident of 45 Defence Estate Area, Police Station Sadar Bazar, district Agra, had gone for a morning walk at about 5.45 A.M. He did not return home. At about 7.15 A.M. his son Ramesh Chandra Mittal received a call on his telephone No. 363052 from an unknown person who informed him that his father had been kidnapped. On receiving the information on telephone Ramesh Chandra Mittal lodged a first information report at police station Sadar Bazar, Agra which was registered as Case Crime No. 319 of 1997 under Section 364 of the Indian Penal Code. On receiving the report the police made arrangements to tape telephones at the residence and business premises of Ram Swarup Mittal and also at the exchange. On the same day around 5.45 p.m. again a call was received on telephone No. 363052 from an unknown person informing Ramesh Chandra Mittal that he should be ready to pay Rs. 1,00,00,000.00 for release of his father from the kidnappers. He was further informed that in case he could not arrange for Rs. 1,00,00,000/- he should arrange at least Rs. 50,00,000.00. In the course of investigation it was found out that the second call was made from P.C.O. telephone No. 352919, which stood in the name of Sri K. P. Sharma, who on being questioned by the police expressed his inability to identify the person on being produced, though he gave out the features of the accused. Subsequently, the police got the information from the informant that the kidnapping could have been the action of residents of his village Saiya or some residents of nearby villages.

(3.) It is stated in the grounds that this kidnapping incident raised a sense of fear amongst the business community of the locality; passers-by, who had witnessed the incident, fled from the place; traffic in the locality was disturbed and business establishments were closed on account of which serious disturbance to the public order was caused. Persons of the trading class approached senior police and administrative officers seeking protection and security and requested them to find out culprits involved in the incident. Due to the kidnapping incident people stopped going on morning walk and different political parties expressed concern about the effectiveness of the local administration. Resentment was expressed that incidents of kidnapping of persons of the business and trading class and demand of substantial amount as ransom for release have become common in the town.