ANJANI KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this habeas corpus petition, by the detenu petitioner Anjani Kumar Srivastava, is the order of his detention under National Security Act, 1980, (hereinafter referred as the Act) dated 25.9.2008, passed by District Magistrate, Jaunpur / Detaining Authority, respondent No. 2, vide Annexure-2 to this petition.

(2.) THE prejudicial activities which are the grounds for detaining the petitioner are contained in Annexure-4 and a perusal of the same reveals that, on 28.5.2008 Yashwant Pandey alongwith his elder cousin brother Prem Chandra Pandey had gone to the office of Sri Dinesh Chandra Pandey, the then District Inspector of Schools, Jaunpur, to meet him and was having a family chat with him, on the second floor of his office, when at 2.30 p.m., two people came in the said office. THE petitioner vituparising District Inspector of Schools Dinesh Chandra Pandey informed him that his name is Anjani Kumar Srivastava and he is a teacher in Raj Inter College and how dare he (D.I.O.S.) had stopped his salary and college grant. By the time Dinesh Chandra Pandey, D.I.O.S., could pacify, the other accompanied person Sri Prakash Singh, abusing the D.I.O.S. uttered that D.I.O.S. will not understand like this and now they will tell the result of stoppage of salary .He also instigated to shoot dead the D.I.O.S. No sooner thereafter whisking their country made pistols from their pants both, the petitioner and his fellow culprit, opened indiscriminate firing at D.I.O.S., causing him injuries on the head and in the abdomen. Petitioner had shot the D.I.O.S. in his head. Brothers of the victim Yashwant Pandey and Prem Chandra Pandey, raised hue and cry and tried to apprehend the shooters but they were kept at bay at pointed gun and threatening utterances. Both the accused, thereafter, made their escape good. Hue and cry attracted Ram Jawahar Kanaujiya, Assistant Inspector of School, Madan Chandra, Clerk and many others persons at the spot who all had witnessed the incident. Injured Dinesh Chandra Pandey informed his brother Yashwant Pandey that the petitioner was serving because of fraud and he had stopped his salary because of which he (petitioner) had dealt with him like that. Prem Chandra Pandey and Yashwant Pandey alongwith other people transported injured Dinesh Chandra Pandey to the district hospital. Because of day light incident in the office of D.I.O.S. an atmosphere of terror and fear engulfed the locality, and shop owners pulled down their shutters.

(3.) ON 30.5.2008 the said S.O. Kotwali recorded Section 161, Cr. P.C. statements of Vijai Kumar Ram, Akhilesh Maurya, Keshav Kumar Singh, Ram Jawahar Kanaujiya, Madan Chandra and Madhav Ram. The aforesaid statements, revealed complicity of Sanjay Singh, Ravi Singh, Vinay Singh, Shishu Srivastava, Jitendra Kumar Prajapati and Satya Prakash Singh as conspirators socio criminalises in the crime besides complicity of Sri Prakash Singh which fact was further established through the statement of Prem Chandra Pandey. Investigating Officer looked into the inquest and post mortem report which indicated the cause of death to be fire arm injuries. Cross checking of the already recorded call details. in the case diary indicated telephonic contacts between the petitioner and his associates during the entire episode (prior to the incident, at the time of the incident and subsequent thereto). Thereafter Section 161, Cr. P.C. statements of Prem Kumar Pandey and other constables were recorded, who had got the inquest conducted and had carried the dead body to the mortuary.