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 desperate 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 writ petition was pressed on the grounds that the incident in question took place on 7.4.1997 and in different instalments the District Magistrate had issued different detention orders for different accused persons. It was indicated that for Mahendra, a co-accused, a detention order was passed and was subsequently revoked. It was further stated that for Kishore and Pappan, detention order was recorded and the same was quashed by this Court vide order dated 13.2.98. It was contended that when Kishore, Pappan and Mahendra were set at liberty either by an order from this Court or by an order from the State itself, there is no reason for the detention further detention of the present petitioner.