SABIR Vs. DISTRICT MAGISTRATE, RAE BARELI AND ANOTHER

JUDGEMENT

(1.) In this petition the detention order dated 29.4.1997 passed by District Magistrate, Rae Bareli against the petitioner under subsection (2) of Sec. 3 of National Security Act in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order, has been challenged.

(2.) At the time when detention order was passed the petitioner was in jail and the detaining authority has shown awareness of the fact in the grounds of detention in which it is mentioned that the petitioner's application for bail is pending in the High Court at Lucknow Bench since 9.7.1996 and as bail of co-accused had been allowed the application of the petitioner was also likely to be allowed.

(3.) The detention order is based on single ground which relates to the incident dated 8.7.1996. It is mentioned in the grounds that on 8.7.1996 at about 9.00 a.m. in the market of village Mau P.S. Deeh District Rae Bareli, the petitioner alongwith his brother Abdul Gaffar alias Lala and several other persons armed with firearms, Hockey-sticks and Lathis, attacked Wajid who originally belonged to the gang of deceased's brother Abdul Gaffar but had deserted him, at the shop of Nisar when Wajid was getting his cycle repaired. When he ran for his life towards the house of Munna, he could not enter that house because door of the house was closed. The petitioner and his companions fell down the Wajid on a cot. The petitioner fired at him from his country-made pistol from a point-blank range and others also attacked him and as such he was done to death. When people of the market came forward they were threatened. The petitioner and his companions threwaway the bloodstained dead body of Wajid at a Kachcha road to the north of the Pucca road, after dragging Wajid from his both the legs. This created terrific terror in the market. Shopkeepers closed down their shops and ran away and other persons also concealed themselves here and there. It became a dead market and the general life of the community was disturbed. The petitioner and his companions ran away after exhibiting their arms.