VIJAY BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Pradeep Kumar-IV, for the petitioner, Sri Patanjali Mishra, A.G.A. 1st, for State of U.P. and Sri Jitendra Prasad Mishra, Additional Standing Counsel, for Union of India.

(2.) This Habeas Corpus Petition has been filed for quashing the orders of District Magistrate (respondent-3) dated 23.07.2018, passed in exercise of powers under Section 3 (3) of National Security Act, 1980 (hereinafter referred to as the Act), directing for detention of the petitioner and State of U.P. (respondent-2) dated 31.07.2018, approving the detention order, 28.08.2018, confirming the detention order for a period of three months, from the date of initial order, 15.10.2018, extending detention order for six months, 15.01.2019, extending detention order for nine months, 16.04.2019, extending the detention order for twelve months and for mandamus directing the respondents to set the petitioner at liberty, forthwith.

(3.) In-charge Inspector, Kotwali, Maharajganj received an information on 05.07.2018 at 11:00 AM that guardians of the students and other general public had blocked the road, leading to Everest English School, situated at Padari road, Maharajganj. Then he along with other police personnel and Kobra Police Force reached on the spot. He found that the people were raising slogans against the school authorities and were demanding that Manager, Principal, Vice-Principal and the teachers to come out for talks with them on the issue indulging in the act of child pornography relating to the girl students of the school, which was made viral on internet. The people were saying that by affixing hidden camera in girls toilet, videography of private parts of the girls was done by the school staff and was uploaded on internet to earn money. The crowd was in an angry mood and threatening to eliminate the existence of the School and the teachers, by setting the school on fire. The people had collected on the main road in front of the School, due to which vehicular traffic on both the sides of the road was blocked, resulting in a traffic jam. Shopkeepers of the locality closed their shops due to terror and ran away. The girl students were searching their guardians covering their faces due to shame and fear. In-charge Inspector gave information to higher officers immediately. On the directions of higher officers, Additional District Magistrate, Additional Superintendent of Police, Circle Officer of Police, Basic Shiksha Adhikari, QRT police force, ladies police force and fire fighters were deployed at the School. Using sound amplifier, the general public was requested not to take law in their hands and maintain peace. The guardians of the students were somehow pacified and assured that legal action would be taken in the matter. The students somehow managed to reach their houses along with their guardians. On the written complaint of one Shachindra Nath Dwivedi, FIR of Case Crime No. 446 of 2018 was lodged, under Section 66, 67 of Information Technology Act, 2000, Section 13, 14, 16, 17 Protection of Children from Sexual Offences Act, 2012, Section 7 of Criminal Law Amendment Act, 1932 on 05.07.2018 at 17:39 hours, at PS Kotwali, Maharajganj against Ofjo, Vijay Bahadur (the petitioner), Ashwani Kumar and Principal of the School. The petitioner was arrested on 07.07.2018. He confessed his guilt and stated that Ofjo had prepared video of child pornography, affixing a hidden camera in the ladies toilets of the School. He got copied the photographs from the chip on his mobile phone and uploaded it on internet. He got recovered his mobile phone used for its download and upload.