JIWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IN these three writ petitions the petitioners have prayed for quashing the orders passed by the District Magistrate, Kaushambi, directing their detention under Section 3 sub -section (2) of the National Security Act, 1980 (for short the Act) on the purported satisfaction of the authority that the detention was necessary to prevent the detenu from indulging in activities prejudicial to the maintenance of public order. The incidents referred to and the facts narrated in the detention order passed against the petitioners are similar. The main incident of 30th November, 1997, on the basis of which the detention orders were passed, is common. The questions of fact and contentions of law raised on behalf of the petitioners are also similar except in the case of Shyam Narayan Karwaria, petitioner of Habeas Corpus Writ Petition No. 10212 of 1998, who has raised an additional point that the detention order is invalid since it has been passed in the same set of facts after a previous order of detention passed against him was not approved by the State Government under Section 3(4) of the Act. In view of the similarity in the cases, it was agreed by learned counsel for the parties that they should be taken up together. Accordingly, we heard the three cases together and they are being disposed of by the common judgment. Writ Petition No. 8552 of 1998 is taken as the leading case.

(2.) WRIT Petition No. 8552 of 1998. On 31 -12 -1997, when the petitioner Jiwan Singh was in Central Jail, Naini, Allahabad in case Crime No. 62/97 under Sections 302/201 I.P.C. of P. S. Mohabbatpur Painsa district Kaushambi, he was served with the detention order dated 31 -12 -1997 along with the grounds of detention and documents annexed to it. In the grounds of detention it was stated, inter alia, that on 30th November, 1997 at about 1.30 p.m. when Sri Shiv Singh, resident of Udhin Khurd was having a conversation with Moga Pasi near the betel shop of Balloo Sonkar on Dhata Sirathu road in village Mogri Katra P. S. Mohabatpur Painsa the detenu along with his companions came there in a Tata Sumo vehicle from the side of Dhata; they surrounded Shiv Singh and fired at him from weapons held by them as a result of which he sustained serious injuries and fell down. The detenu and his companions took away the injured in the vehicle. It is also stated in the grounds of detention that due to the above incident an atmosphere of terror prevailed in the locality. Nobody tried to intervene nor gave a chase to the assailants of Shiv Singh. A sense of insecurity gripped the general public. People remained inside their houses out of fear. Confusion was created amongst the passers by on the road. In this manner the even tempo of life in the locality was disturbed and public order was breached. The incident was registered as case Crime No. 62/97 under Sections 302/201, I.P.C., of P. S. Mohabbatpur Painsa district Kaushambi. Subsequently on 1 -12 -1997 at about 4.45 p.m. the body of deceased Shiv Singh was recovered from Mahrajpur Nala situate within village Arki, P. S. Rajapur, district Chatrapati Sahuji Maharaj. It is further stated in the grounds of detention that Raj Kumar, the brother of the deceased and other witnesses to the occurrence are being regularly threatened by the detenu and his companions asking them to file affidavits in Court in favour of the accused failing which they will be killed. A report to this effect has been lodged at P. S. Mohabbatpur Painsa as Case Crime No. 86/97 under Section 506, I.P.C. It is further stated in the grounds of detention that at present the detenu is detained at the Central Jail Naini, Allahabad after appearing in Court on 17 -12 -1997 and efforts are on by his pairokars to get him released on bail. There is every likelihood that after being released on bail the detenu will again indulge in such criminal activities which will affect public order.

(3.) IN the grounds of detention the detenu was informed that if he wishes to make a representation to the State Government against the order of detention then he should address it to the Home Secretary to the State Government and present it at the earliest through the Superintendent of Jail. The detenu was also informed that the matter will be referred under Section 10 of the Act to the Advisory Board within three weeks from the date of detention and his representation, if received late, will not be considered by the Advisory Board. The detenu was further informed that if he wishes to make a representation to the President of India or to the Central Government, then he may send it at the earliest to the Secretary, Government of India, Ministry of Home Affairs, Department of Internal Security, North Block, New Delhi through the Superintendent of Jail. The detenu was also informed in the grounds of detention that if he desires to have personal hearing before the Advisory Board under sub -section (1) of Section 11 of the Act then he should mention that fact specifically in the representation or inform the State Government through the Superintendent Jail.