SUNEEL ROY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner Sunil Roy has filed this petition seeking a writ, order of direction in the nature of habeas corpus directing respondents to produce the petitioner in Court and to set him at liberty. The petitioner is in detention under the order dated 26-8-1997, passed by respondent No. 2 District Magistrate, Pilibhit, under Section 3(3) of National Security Act, 1980 (hereinafter referred to as the Act).

(2.) The facts on which basis the order of detention has been passed against the petitioner have been detailed in the grounds supplied to the petitioner along with the order of detention. The narration of facts given therein is that petitioner and one Chittoo alias Chitranjan and others were involved in Criminal Case No. 421 of 1997, under Sections 107/116, Cr.P.C. pending in the Court of Sub-Divisional Magistrate, Poornanpur, district Pilibhit. As they failed to appear before the Magistrate on the date fixed in response to the notice issued, bailable warrants were issued to procure their attendance in Court. The bailable warrants were sent to Police Station Madho Tanda for execution. Two constables of Police Outpost Ram Nagra arrested the petitioner on 23-7-1997 and the petitioner could not furnish bail, he was brought to Police Outpost Ram Nagra. Fifty-Sixty persons of village of the petitioner, armed with lathis and Dandas, followed the petitioner and the police party up to the police outpost. They surrounded the outpost and started creating disturbance and were insisting for release of the petitioner from police custody. It is further stated that there were only five police constables present in the Outpost. The constables tried to persuade these persons to furnish bail and secure release of the petitioner but they were not prepared to furnish security and bail bonds necessary for release and were threatening to get the petitioner released by force. Considering

(3.) The Station Officer gave information to the higher authorities on wireless, reorganised the force available there and with the help of certain persons from the public, chased the petitioner and his party and arrested the petitioner and 13 other persons, recovered the fire-arms including magazines and cartridges and 12 Dandas from their possession. Case Crime No. 100 of 1997, under Sections 305/397/224/225/353/332/412, I.P.C. and 7 C.L.A. Act was registered at Police Station Madho Tanda and investigation started and statements of eye-witnesses were recorded which supported the aforesaid incident. It is stated in the order that this incident of gheroing the outpost and attacking the police officer and the constables, causing serious injuries to them and looting of their fire-arms, created a sense of insecurity and fear in the town of Ram Nagra and also in the entire district of Pilibhit and public peace and public order has been badly affected. To restore the confidence of the people additional police force and a platoon of P.A.C. was deployed which undertook regular patrolling. This incident got wide publicity and circulation in the leading newspapers of the country. It is further stated that though the petitioner is in judicial custody but he has made an application for bail. The fact of making bail application has also been publicised and on having knowledge of the fact that the petitioner may be released on bail, a sense of insecurity and fear has prevailed in the general public, information of which has been given on 10-8-1997 in beat report No. 11. It is also stated that the petitioner is a dreaded and hardcore terrorist and there is every possibility that on being released on bail, he will again indulge in such acts which may be prejudicial to maintenance of public order. The petitioner was also informed about his rights to make a representation to the State Government and the Union of India and that the matter will be referred to the Advisory Board under Section 10 of the Act where he may appear personally to plead his case.