TARIK MASHKUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This habeas corpus petition has been filed for quashing the order dated 1-3-1998, Annexure 1 to the writ petition, passed by respondent No. 2 directing detention of the petitioner and the order dated 20-3-1998, Annexure 8 to the writ petition, passed by respondent No. 1, under Section 3(2) of National Security Act (hereinafter referred to as the Act) rejecting the representation of the petitioner and for further direction to the respondents to set the

(2.) The reasons on which basis respondent No. 2 formed his subjective satisfaction for passing the order dated 1-3-1998 are shown in the grounds served on the petitioner along with the order of detention. It is stated therein that on 23-2-1998, petitioner while driving his Maruti car No. DDI 0024 carelessly and with fact speed on Mathura-Budaun Road within the limits of police station Kotwali, Budaun, hit the scooter of Balbir Singh, Sports Officer, on account of which he suffered injuries. After causing the aforesaid accident, the petitioner turned his vehicle towards Collectorate and tried to escape. Constable Vijai Singh who was on duty at Lal Pul triangular crossing, tried to stop the vehicle on which the petitioner and his companion Salim exchanged fists with the above said constable and abused him and thereafter ran away with the vehicle. Same day, at about 5.00 p.m., the petitioner collected a crowd of 60-70 persons at Budaun-Mathura road in Mohalla Nahar Khan Sarai and started pelting stones on the vehicles passing through the road. A jam was created. The petitioner and other persons so collected there also pelted stones on roadways bus No. UP 25-6754 on account of which the bus was damaged. The petitioner entered inside the bus along with his companions and had Marpit with the passengers of the bus. Jeep No. DLA 9613 on which Hoti Lal was carrying his passengers to the district hospital was also stopped by the petitioner and his companions and was set on fire. On account of the aforesaid activities of the petitioner and his companions, the shop keepers and residents of the Mohalla ran helter-skelter, the even tempo of life of the community and the public order was badly disturbed. Constable Vijai Singh lodged a First Information Report in police station Kotwali, Badaun, which was registered as case crime No. 145, under Sections 147/148/435/427/279/337/332/353/504, I.P.C. Shri Hotilal also lodged F.I.R. which was registered as case Crime No. 146, under Sections 147/148/435/336/427, I.P.C. The aforesaid cases have been registered against the petitioner and investigation was in progress.

(3.) On knowing about the aforesaid occurrence dated 23-2-1998 of Mohalla Nahar Khan Sarai, Station House Officer, Kotwali, Badaun, reached at the spot with police force on which the petitioner and his companion Salim exhorted that the dogs of the police have come, surround them also. The petitioner and his companion Salim fired at the Station House Officer with their country made pistols with the intention to kill him and the crowd assembled there started pelting stones on the police party on account of which Inspector-in-charge Kotwali Shri Prabhat Kumar and Senior Sub-Inspector Shri P. D. Sharma received injuries. In order to disperse the crowd, the police fired tear gas shells and arrested the petitioner and his companion Salim at 5.30 p.m. On search a country made pistol and live cartridges were recovered from the petitioner. F.I.Rs. were lodged by the Inspector-in-charge Kotwali which were registered as case crime No. 147, under Sections 147/148/149/307/336/436/427/332/353, I.P.C., 7 Criminal Law Amendment Act and 2(3) of Prevention of Public Property Damaging Act and as case crime No. 149, under Section 25 of the Arms Act.