ALI AKHTAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner Ali Akhtar has filed this Habeas Corpus Petition against the order of detention (Annexure 1) dated 21/07/1998 passed by District Magistrate, Azamgarh under Section 3 (2) of National Security Act of 1980 (hereinafter called the Act). The grounds of detention supplied to the petitioner are given in Annexure 1A. A perusal of the grounds shows that on 9/05/1998 one Raj Kumar Singh along with his friend Ram Badan Singh alias Ramai was going on Rajdoot Motor cycle No. URX 7747 from Bilariaganj to his village Bagahi Dand. At about 3-00 p.m. when the motor cycle reached village Khalitpur Bazar, petitioner Ali Akhtar along with companions Ashfaq Master, Salam, Jafar Pradhan and Sarfuddin armed with unlicensed pistols stopped the motorcycle and fired at Raj Kumar Singh, who died. Ali Akhtar and his companions made a murderous assault on Ram Badan Singh alias Ramai and indiscriminately fired their pistols. Due to daring broad day light murder and the firing of gun -shots there was a commotion at Khalitpur and the pedestrians and persons going on vehicles fled away. The shop-keepers started closing their shops and an atmosphere of fear and terror was created in the locality. the public was agitated and the relations between the two communities were affected. People belonging to Hindu community resorted to "Chakka-jam" and the public order was adversely affected.

(2.) A First Information Report was lodged by Kishum Dev Singh at P.S.Bilariaganj and a case under Sections 147/148/149/307/302, I.P.C. was registered by the police. The accused was arrested and charge - sheet against them was filed on 25/06/1998.

(3.) We have heard Sri Sarvesh, learned counsel for the petitioner, Sri A.K.Tripathi, Learned A.G.A.on behalf of the State and Sri Chandra Prakash for Union of India and have gone through the record.