MORADHWAJ Vs. DISTRICT MAGISTRATE KANPUR NAGAR

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution the petitioner Moradhwaj son of Jagmohan has prayed for issuance of a writ of certiorari quashing the detention order passed by the District Magistrate, Kanpur Nagar, respondent no. 1 on 28-1-1998 (Annexure 1) under section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) and for a writ of habeas corpus directing the respondents to release the petitioner forthwith.

(2.) The factual back, drop of the case leading to the present proceeding may be shortly stated thus: On an occurrence, which took place on 30th of December, 1997 at 9.40 AM. in the, compound of the Medical College, a first information report (Annexure 5) was lodged in Swarupnagar Police Station of Kanpur Nagar same day at 10.25 A.M. by one Roop Kishore Kanaujia. On the basis of the said first information report Case Crime No. 286 of 1997 under sections 147/148/149/307/427 was registered. The petitioner was one of the culprits named in the first information report. He was arrested on 2-1-1998 by the police in the aforementioned case and detained in Kanpur Nagar Jail. While he was in jail custody he was served with the order of the respondent No.1 (Annexure 1) directing his detention under section 3(2) of the Act. The grounds of detention (Annexure 2) were also served on the petitioner along with the detention order. The order of detention was approved by the State Government on 7-2-1998 (vide the order Annexure 4) and the said order was served on the petitioner on 13-2-1998. The petitioner submitted representations (Annexure 6) against the detention order on 2-2-1998 to the State Government, the Central Government and the Advisory Board through the Superintendent Jail, Kanpur Nagar, In para graph 9 of the petition the petitioner has alleged That till today no communication was given to the petitioner about the orders passed by the State Government on the representation dated 2-2-1998. Hence detention order becomes illegal. In paragraph 11 of the petition, the petitioner has averred That till today no communication was given to the petitioner about the order, if any, passed on representation dated 2-2-1998 passed by Central Government. Hence detention order cannot be continued. The report of the Advisory Board was received by the State Government on 11-3-1998. By the order dated 23-3-1998 (Annexure 7) the State Government confirmed the order of detention.

(3.) In the grounds of detention it is averred, inter alia, that on 3-12-1997 at about 9.40 A.M. when Sri Roop Kishore Kanaujia entered the Medical College Compound through the rear gate and moved a little the petitioner and his companions, who were armed with country made pistols, bombs, revolvers reached there in a Maruti car, Hero Honda motorcycle, scooter, sorrounded the vehicle of Sri Kanaujia from all sides, attacked him with bombs and fire arms due to which Sri Kanaujia and his companions, who were in the vehicle, were seriously injured and the car was badly damaged. Due to this incident there was panic amongst the persons present in the Medical College Compound, they ran heltor-skeltor disturbing free movement of traffic at the place and even tempo of life at the place was disturbed. It is further averred in the grounds of detention that when Inspector-in-charge of Swarup Nagar police station visited the place of incident he experienced that there was an atmosphere of fear and terror, several empty cartridiges of different types (.32 bore, .315 bore and .12 bore) were recovered from the scene of occurrence and that the Sub-Inspector along with police force was present at the place of occurrence. Further, the Ambassador car was found to be badly damaged due to bomb-blast broken glasses were lying scattered all over the place; on account of the incident both the gates of the Medical College Compound were closed and public order at the place was disturbed. In order to restore public order at the place extra police force had to be deployed.