HARISH KASNA Vs. STATE OF U P

JUDGEMENT

(1.) D. P. Mohapatra, C. J. Harish Kahna, who has been detained under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as "the Act") in pursuance of the order dated 6-10-1997 (Annexure-1) passed by the District Magistrate Agra, respondent No. 4, has filed this petition under Article 226 of the Constitution of India praying for issue of a writ of habeas corpus quashing the deten tion order and a direction for his release from detention forthwith.

(2.) FROM the order of detention (An nexure-1) and the grounds annexed to it (Annexure-2), communicated to the petitioner under Section 8 of the Act, it appears that the detaining authority on arriving at a subjective satisfaction that the petitioner's detention under section 3 (2) of the Act is necessary to prevent him from acting in any manner prejudicial to the maintenance of public order directed his detention. In the grounds it is stated, inter alia, that on 31-8-1997 Sri Ram Swamp Mittal aged 67 yeas, a resident of 45 Defence Estate Area, Police Station Sadar Bazar, district Agra, had gone for a morn ing walk at about 5. 45 p. m. He did not return home. At about 7. 15 a. m. his son Ramesh Chandra Mittal received a call on his telephone No. 363052 from an un known person who informed him that his father had been kidnapped. On receiving the information on telephone Ramesh Chandra Mittal lodged a first information report at police station Sadar Bazar, Agra which was registered as Case Crime No. 319 of 1997 under section 364of the Indian Penal Code. On receiving the report the police made arrangements to tape telephones at the residence and business premises of Ram Swarup Mittal and also at the exchange. On the same day around 5. 45 p. m. again a call was received on telephone No. 363052 from an unknown person in forming Ramesh Chandra Mittal that he should be ready to pay Rs. 1,00,00,000/- for release of his father from the kidnappers. He was further informed that in case he could not arrange for Rs. 1,00,00,000/- he should arrange at least Rs. 50,00,000/ -. In the course of investigation it was found out that the second call was made from P. C. O. telephone No. 352919, which stood in the name of Sri K. P. Sharma, who on being questioned by the police expressed his inability to identify the person on being produced, though he gave out the features of the accused. Subsequently, the police got the information from the informant that the kidnapping could have been the action of residents of his village Saiya or some residents of nearby villages.

(3.) IT is further alleged that when he was in police custody, the petitioner made a statement that he was involved in the kidnapping case of Ram Swarup Mittal and also disclosed the place where the person kidnapped had been kept. On get ting such information, when the police party reached the place there was an en counter with the miscreants who fled away leaving behind the person kidnapped. On this incident Case Crime No. 326 of 1997 was registered under section 307 of the Indian Penal Code. IT is alleged in the grounds that on account of this incident people became scared, ran helter and skel ter, traffic on the road was disturbed, busi ness establishments were closed, there was an atmosphere of fear and terror, people remained indoors, stopped going on morning walk and sense of fear and in- security still prevails in the locality.