PREM CHANDRA SHARMA Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) Petitioner Prem Chandra , Sharma an advocate practicing at Dehradun, has filed this habeas corpus petition challenging the order dated 24.06.1999, passed by respondent no 2, District Magistrate Dehradin under Section3(2)of national Security Act, 1980 (hereinafter referred to as the Act) directing his detention under the act.

(2.) Along with the order of detention petitioner was also served the grounds of detention on the basis of which the detaining authority formed his subjective satisfaction for putting the petioner under preventive detention. From,perusal of the grounds itappears that on 23..6.1999, at about 2.05 P.M. when the collector Dehradun was holding monthly meeting of the officers of the district a crowd of 50- 60 advocates led by petitioner came before the meeting hall and broke open the iron bars and entered inside the meeting hall. Persuation of the collectorate employees police and P.A. C.employees that the collector is holding an important meeting could not be any effect.Prem Chandra Sharma and his companions raised filthy and insulting slogans against the collector. They also threatened the collector that his face shall be blackened and also threatened him for life. They pushed their way inside the meeting hall by pushing away the employees and forcibly made entrance in the office of the District Magistrate in order to get their demands accepted by force. Petitioner had broken the telephone and glasses of windows and doors. He also destroyed the chairs and broke the glass affixed on the table and this way caused loss of the property of thousands of rupees. Other advocates gave full support to Prem Chandra Sharma in this violent activity. This incident was witnessed by other persons, namely Surya Mohan Nautiyal, Tahsildar ,Tahsil Dehradun Nikhil Chandra Additional Collector ( Finance ) Shri Ravindra Godbole, Dy. Collector ( Sadar ) and other officers and employees present there. Surya Mohan Nautiyal lodged First Information Report regarding the aforesaid occurrence on the same day, st 3.45 P.M., at police Station Kotwali, Dehradun , which was registered as case Crime no. 421 of 1999 under Sections 147/342/353/504/506 I.P.C., read with Section 3 (2) (e) of prevention of Damage ( public property ) Act, 1984 and Section 7 of Criminal Law Amendment Act. The case is under investigation.

(3.) In grounds nos. 2 to 6 it has been further stated that on account of this daring criminal activity committed in day light inside the collectorate premises, Dehradun , the officers who were attending the monthly meeting were taken under a grip of fear and commotion and the officers and employees present there there ran helter- skelter for their safety. It is further stated that on account of this daring criminal activity the public in general present there also fell in the grip of fear and terror shich affected the public adversely.