MANOJ ALIAS GHANTOORI Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India the pettioner Manoj alias Ghantoori has challenged the validity of detention order dated 19-6-1997, passed by the then District Magistrate, Udham Singh Nagar (Rudrapur), under Section 3/1 of the National Security Act.

(2.) The grounds of detention upon which the subjective satisfaction of the detaining authority viz the District Magistrate was based were as follows-1) That the petitioner had actively participated along with his other associates in Case Crime No. 376 of 1997, u/Ss. 147/148/149/307/452/323/506, I.P.C. and 7 of Criminal Law Amendment on 2-6-97 at about 8.30 A.M. and was responsible for committing heinous offence of gang rape as also attempting to commit murder by forming an unlawful assembly in the intervening night of 1/2, 6-97 at 9.00 P.M. in Kasba Kashipur.2) That on the next day viz. 2-6-97, at about 8.30 P.M. in the night the petitioner again visited the house of the complainant Ashok Kumar and threatened him and the members of his family with dire consequences if he deposed against him in the Court. The people of the Mohalla were terrorised. They closed their doors and felt frightened so much so that some of the Mohallawalas took shelter in the police station during night. The terror of the petitioner was so grave that none could dare to open his mouth to narrate the details of the incident.3) That on 2-6-97, information was lodged at the police station that the petitioner had pressurised the police officials to hush-up Case Crime No. 376 of 1997 registered against the petitioner.4) That the petitioner had terrorised the doctors of the Government Hospital to this extent that even they did not properly conduct the medical examination of the victim Smt. Sampatti and her daughters Geeta and Kaushalya.5) That on 20-10-90 at about 2.30 P.M. the petitioner along with his associates attempted to commit murder of one Jadu by stabbing him in his abdomen within the jurisdiction of police Station Kashipur.6) That he terrorised the victims Jadu and his mother Sundari Devi to vacate the house in which they were living as tenents by accepting a sum of Rs. 20,000.00 from the landlord Kunj Behari for that purpose. This incident created based to this extent that the entire population of Kasba Kashipur started feeling insecure, giving rise to the disturbance of public order. The impact of the terror created by the petitioner was so grave that nobody could dare to give evidence against him. With the result that the petitioner was acquitted in the said case being Case Crime No. 762 of 1990.7) That on 8-7-91 at about 1.15 p.m. the petitioner along with his associates was responsible for committing murders of Rajesh and Nasim s/o Abdul Aziz and further attempted to commit murder of Mukhtar Husain by opening fire by means of country made pistols. This incident also created terror amongst the people and the people of the locaility started feeling insecure. This incident was registered as Case Crime No. 695/91, under Section 302, I.P.C.8) On 20-10-91 at about 9.45 P.M. the petitioner along with his other associates committed the murder of one Shivraj Singh son of Maharaj Singh in Mohalla Katoratal, when the deceased Rajesh along with his friends and others was going to see the Ramlila. This incident also created terror in the locality and was registered as Case Crime No. 1025 of 1991, under Section 302, I.P.C. After proper investigation into the matter the police had submitted proper chargesheet, but because of the terror of the petitioner the witnesses did not depose against the petitioner and his associates, with the result that the case had ended in acquittal.9) That on 10-3-93 at about 8.00 A.M. the petitioner was arrested by Head Constable Lekhpal Singh and constables Sukhbir Singh and Ram Pal Singh in Girital Colony near the house of Kalwa and on his personal search a country made pistol of 315 bore containing live cartridge there in was recovered, about which incident the police has submitted chargesheet and the matter was pending trial before the Court.10) That on 21-5-93 at about 10.00 A.M. the petitioner along with his brother Rajendra and Banti Jat went to the hotel of Rakesh Kumar for taking meals. When the hotel manager demanded the charges, the petitioner threatened him saying that his name was Manoj alias Ghantoori and that no hotelwala dares to demand money from him. Thereafter a scuffle had followed in between the petitioner and his associates on the one hand and Rajnish the hotel owner on the other. The petitioner threatened Rajnish, the brother of the hotel owner to kill and thereafter on 23-5-93 at about 9.00 p.m. the petitioner again went to the said hotel where Rajnish was sitting on the counter and assaulted Rajnish by means of a knife. When the servant of Rajnish came to his rescue he too was pushed back. Rajnish was immediately taken to the hospital but was declared dead. This incident was registered as Case Crime No. 624 of 93, under Section 302, I.P.C. and after proper investigation into the matter the police and submitted chargesheet.11. That on 27-5-93 at about 4.00 p.m. the petitioner along with his associates went to the main Bazar of Kasba Kashipur and threatened Dharmpal Singh who was doing pairvi in Rajnish case to kill him by taking out a pistol. The petitioner opened fire in air and went away. This incident also created terror; the shop keepers shuttered down their shops and started running away. Case Crime No. 636 of 1993, under Section 504/506, I.P.C. about this incident was registered against him and was pending trial. 12) That on 29-5-93 the then sub-Inspector of Kashipur submitted a report against the petitioner and his associates under Section 2/3 of U.P. Gangsters and Antisocial Activities Act against the petitioner and his associates which case was registered as Case Crime No. 64 of 1993 and was pending before the Court.13) That on 13-1-95 at about 7.30 p.m. the petitioner along with his associates formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly the petitioner and his associate assaulted Sanjai Kumar by means of knife, Danda and country made pistols, caused injuries to him which case was registered as Case Crime No. 33 of 1995, under Section 147/307, I.P.C. in which case too the police after proper investigation submitted chargesheet and which case was pending trial.14) That on 10-5-95 at 11.30 p.m. in front of a Tea Shop of Ram Pal near the Court campus Kashipur the petitioner was apprehended by the Inspector P.N. Singh and other police personnel and country made pistol of 12 bore and 12 live cartridges were recovered from his possession, about which case Crime No. 467 of 1995, under Section 25 Arms Act was registered against the petitioner and was pending trial before the Court.15) That on 14-7-95, the then Inspector Kotwali D.C. Rawat got Case Crime No. 690 of 1995 under Section 3/4 of U.P. Goonda Act registered against the petitioner, because the petitioner was involved in antisocial activities in Kasba Kashipur and was branded as a Goonda. After proper investigation of the case the police submitted chargesheet and the case was pending trial.16) That on 17-2-96 at about 10.00 p.m. the petitioner along with his associates Balvinder Singh, Mahendra Singh, Jassa Singh, Gurusewak Singh, Umesh Pahalwan and two others armed himself and his associates with guns and country made pistols, Lathis and swords and went on four motorcycles to the house of Nahar Singh, Nirmal Singh, Karnal Singh and threated to kill them about which Case Crime No. 234 of 1996, under Sections 147/148/149/452/307/506, I.P.C. was registered against the petitioner and his associates. After proper investigation into the matter, the police submitted chargesheet in this case and the case was pending trial.17) That on 31-8-96 at about 9.15 p.m. the petitioner and his associates opened fire upon police party but was apprehended on Manpur Road and on his personal search a country made pistol of 12 bore, containing an empty cartridge and one live cartridge of 12 bore were recovered. The petitioner was found carrying 3 Kg. doda of opium in a plastic bag about which Cases under Section 307, I.P.C. 25 Arms Act and 18/20 of D.P.S. Act were registered against the petitioner and were pending trial.18) That in the intervening night of 31-8-96/1-9-96 when the petitioner was lodged in police lock-up of police station Kashipur along with his brother Satish alias Mintoo, the petitioner started causing injuries to his person by means of a water glass, with an intention to falsely rope in the police officials about which Case Crime No. 800/96, under Section 309/306, I.P.C. was registered against the petitioner and was pending trial.19) That another case No. 308/97, under Section 3/4 of Gangsters Act was registered against the petitioner.The petitioner had challenged the aforesaid detention order on the following grounds :-i) That the detention order was vitiated for lack of application of mind by the detaining authority.ii) That the sponsoring authority suppressed the relevant materials from the detaining authority and gave incorrect facts.iii) That the police was feeling enmical towards the petitioner and at the instance of the petitioner a Magisterial enquiry was also instituted against the police officials.iv) That proper compliance of provisions of Section 10 of the National Security Act was not made. There was delay in the consideration and disposal of the representation of the petitioner which caused prejudice to him.v) That at the time of passing impugned detention order the petitioner was in jail and no satisfaction was recorded by the detaining authority about the urgency of his detention.

(3.) Counter-affidavits in the case have been filed by Sri Mahesh Kumar Gupta, the then District Magistrate Udham Singh Nagar, the detaining authority at the relevant time who passed the impugned order of detention as also by Sri R.S. Agarwal, Deputy Secretary Home and Sri Ram Bilas Jailor. Affidavit was also filed by Sri Jitendra Kumar, Present District Magistrate of Udham Singh Nagar.