KISHOR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The two applications have been taken up together as the basis for detention of these two persons originates from the same single act although they were proceeded against under the provisions of the National Security Act on different dates under different orders. The grounds of detention for each indicates the aforesaid incident, to be described below in details, as also of the satisfaction of the detaining authority as to what is apprehended of the petitioners in case they get out on bail.

(2.) The alleged incident which is the basis of on two detention orders took place on 7-4-97. A date prior to this incident, an established advocate Sri Dheeraj Singh Bhati was unanimously elected the President of the Bulandshai Sayan Garh Bugrasi Motor Union. Mahendra Sagar and his associates, including Kishor and Pappan, did not take part in the election and due to threat from Mahendra Sagar and his associates the said election had to be conducted under the supervision of the Additional District Magistrate, Sayana Mahendra Sagar and others tried to forestall the election but due to administrative strictness they could not do it. After the election of Sri Bhati, Mahendra Sagar and others declared that Sri Dheeraj Singh Bhatia's election as President had caused monetory loss to them and they would not allow him to see the light of the next day. When he knew these threats, Sri Bhatia prayed for personal security and when he was coming back from the Collectorate on 7-4-97 alongwith his brother Fateh Singh on a Scooter driven by Fateh Singh, three persons came on a motorcycle from behind and showered shot on Sri Bhati from automatic weapons and Sri Bhatia and his brother fell down. Sri Fateh Singh was not hurt and he got up to see what happened to his brother. Mahendra Sagar was waiting in a Fiate Car at a close distance. Mukesh was also there and they asked the three assailants to finish Bhati and Fateh Singh. These persons again came to the victims and shot at them. Fateh Singh could escape that act but Bhati died as a result of the fire. The motorcycle was being driven by Pappan while firing was done by Kishor and Nanak. They commited these acts under the directions of their mentor Mahendra Sagar under a conspiracy. After killing, the three motorcyclists and the Fiat Car went ahead and the killers thereafter boarded the car had drove away. Pappan also drove away his motorcycle.

(3.) The alleged incident was seen by so many persons. The killing of Shri Bhati created a panic in the area and with great difficulty the administration could balance the situation but the whole town was under the shadow of grief. The deadbody of Bhati was taken to the hospital and people assembled in large number and started an agitation affecting the maintenance of public order. The administration had to post police force at sensetive points. The assailants and the aforesaid Mahendra and Mukesh absconded and police started a vigorous search for them. Mahendra was apprehended on 29-4-97. Kishor was on bail before a Court in Ghaziabad. He surrendered in the said case of 14-5-97 and went to custody while Pappan surrendered before a Court in Faridabad (Hariyana) on 5-5-97 under an assumed name Amar Dutt whereafter he was transferred to Bulandshahr.