GOVIND PAL Vs. SUPERINTENDENT DISTRICT JAIL VARANASI

JUDGEMENT

(1.) BY means of this writ petition, petitioner has challenged his detention under order dated 22nd Sep tember, 1998, passed by respondent No. 2 under Section 3 (2) of National Security Act, 1980, here- in-afler referred to as Act:. Copy of the order of detention has been filed as Annexure-1. Alongwith order of detention, petitioner was also served the ground on which basis respondent No. 2 formed his opinion for detaining the petitioner under the Act.

(2.) THE brief facts stated in the grounds are that on 24th August, 1998 at 7. 00 p. m. while Dhirendra Jaiswai alias Tappu Jaiswai, President of Adarsh Pus-lakalay, Khojwa, Thana Bhelupur Varanasi was sitting in his office, he was murdered by petitioner and his com panions. It is also stated that ai the time aforesaid incident took place the elder brother of deceased Dhirendra Jaiswai. Ravindra Jaiswai was also present in the library, some persons namely, Gajendra Pratap Singh, Rajewa Kesari, Parmanand Gupta, Murari Gupta etc. were reading books. In this incident, Gajendra Pratap Singh was also hit and injured. It is also stated that the adjoining to the aforesaid Adarsh Library there is a coaching centre known as K. R. S. Coaching Centre where the students are given coaching. On ac count of the incident mentioned above, the public order was disturbed. Commo tion and fear prevailed all around and for restoration of the public order, P. A. C. and armed guard were posted. Considering that the incident is very sensitive, the post mortem and other necessary actions were performed under the heavy security. It has also been said in the grounds that for this incident Case Crime No. 289 of 1998 under Sections 147, 148, 149, 307 and 302 I. P. C. was registered in Police Station Bhelupur. It has also been stated that the petitioner is a person of criminal nature and he has criminal history behind him. One Case Crime No. 207 of 1998 under Section 379, I. P. C. is pending. It has been further stated that the petitioner is presently confined in jail but he has moved an applieation seek ing his release on bail on 14th September, 1998. He is making effort to get the bail and there is likelihood that he may be granted bail. Hence order of detention is necessary to prevent the petitioner from indulging in future which may disturb the public order. Petitioner was also informed that he has right to make representation to the State Government, Advisory Board and the Central Government. Such repre sentations may be submitted through Su perintendent, District Jail. Petitioner was also informed that he has a right to appear in person before the Advisory Board, if he wishes so, this fact may also be communi cated through Jail Superintendent. It ap pears that the aforesaid order of detention dated 22nd September, 1998 wasapproved by the State Government under Section 3 (4) of the Act on 27th September, 1998. Same day matter was reported to the Central Government under Section 3 (5) of the Act. Petitioner submitted his repre sentation on 7-10- 98 addressed to the Central Government as well as to the State Government. So far as the representation addressed to the State Government is concerned, it was forwarded on 12-10-98 and wan received by the State Government on 14-10-98. THE representation was rejected after consideration by the State Government on 20ih October, 1998.

(3.) IN this petition, counter-affidavits have been filed by R. A. Khan, Under Secretary to the Government, Home and Confidential Department, for respondent No. 3, Sri L. B. Tiwari, the then District Magistrate, Varanasi has filed his own af fidavit as respondent No. 2 and Sri D. S. Yadav Deputy Jailor, District Jail, Varanasi has filed affidavit on behalf of respondent No. 1. Counter-affidavit has been filed by Bina Prasad, Under Secretary, Ministry of Home Affairs, Government of INdia, New Delhi for respondent No. 4.