WALI MOHAMMAD Vs. SUPERINTENDENT DISTRICT JAIL BULANDSHAHR

JUDGEMENT

(1.) Petitioner Wali Mohammad of this Habeas Corpus petition has challenged his detention under S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) under the order dated 30-11-1997 (Annexure I to the petition), passed by respondent No. 2 and also his continued detention under the aforesaid order. He has also prayed that the respondents may be directed to release the petitioner from detention forthwith.

(2.) Along with the order of detention dated 30-11-1997 petitioner was also served the grounds on which basis respondent No. 2 formed his subjective satisfaction for passing the order of detention against the petitioner. The grounds have been filed as Annexure II to the writ petition. The facts stated in the grounds are that the petitioner is a criminal and daring person and in order to get illegal financial benefits, commits heinous crimes in a planned manner, armed with illegal weapons with his accomplices on account of which residents of Bulandshahr area live under fear and terror of the petitioner and do not dare to open their mouth against the petitioner and accomplices and are not able to muster courage to lodge any report. The people at large suffer from ill effects of the criminal activities of the petitioner and his accomplices which also affects prejudicially the maintenance of the public order. The petitioner and his accomplice Riyasat, on 11-9-1997, committed robbery in a

(3.) Both the aforesaid Government employees and the Inspector in-charge and the police force accompanying him, proceeded towards the side in which the criminals had run away. Additional police force also reached. Police made an elaborate arrangement for arresting the culprits and chased them from all the sides. When the police force reached All Saint Public School, some persons informed that two criminals with a bag have crossed the railway line and have run towards agricultural fields. The Inspector in-charge and the police force when reached near the grove of Ram Pal Singh, they located the two culprits; the Police cautioned, chased and surrounded them. The culprits fired at the police party but the police force kept their courage and arrested the culprits at 1-15 p.m. near a Juvar field where the two culprits had suddenly fallen down near the place where bricks were lying. Out of the two persons arrested, one was the petitioner Wali Mohammad and another was Riyasat. Brij Bhushan Gupta and Radha Kant identified them in presence of the Inspector in-charge and informed him that these two persons snatched the money kept in the bag. The bag was recovered from Riyasat with the entire money of Rs. 82550.00. An illegal knife was also recovered from him. From the possession of the petitioner a country made pistol of .315 bore with empty cartridges in its barrel and two live cartridges were recovered. The recovery memos were prepared separately in respect of the money recovered and the illegal fire-arms on which basis cases were registered as Case Crime No. 680 of 1997, under S. 307 IPC, Case Crime No, 681 of 1997, under S., 25 of the Arms Act against Wali Mohd. and case Crime No. 682 of 1997, under S. 4/25 of the Arms Act was registered against Riyasat. After investigation charge sheets were submitted in and are under consideration of the Court. On account of the recovery of the amount in case Crime No. 679 of 1997, under S. 394, IPC, S. 411, IPC was also added. In this case also after investigation charge sheet has been submitted in Court which is under consideration.