NANAK Vs. SUPERINTENDENT DISTRICT JAIL BULANDSHAHR

JUDGEMENT

(1.) Through this writ petition the petitioner has prayed for issuance of a writ of the nature of Habeas corpus directing his release from custody after quashing the detention order dated 30-7-1997, recorded by the District Magistrate, Bulandshahr, under Section 3(2) of the National Security Act.

(2.) The detention order was appended with the grounds of detention and it indicated that the petitioner had been a man of desparate nature prone to commit offences and was also a history sheeter. He had established links with one Mahendra Singh Sagar a person of similar nature and disposition. It was stated that the petitioner used to work as a hired killer and through his actions he had created a terror in the locality and nobody dared to raise any objection against him or to speak against him as a witness. It was alleged that on 7-4-1997 he had done to death a senior Advocate. Sri Dhiraj Singh Bhatia, along with his co-conspirators and the situation posed a serious threat to maintenance of public order. It was alleged that after the incident the petitioner had absconded. Subsequently. However, he surrendered in connection with another case and went to jail.

(3.) The grounds indicated that he was one of the persons who had come on a motor-cycle and had showered bullets on Sri Bhatia and had fled away on the motor-cycle itself. The motorcycle was being driven by one Pappan and one Kishore was allegedly with this petitioner and both of them had allegedly opened fire on Sri Bhatia over some dispute over election in a Bus owners Union. As a result of this killing not only immediate terror was created but the incident had affected the even tempo of the society as the markets courts etc. were closed and full Hartal was observed in Bulandshahr and adjoining areas.