SANT SINGH Vs. DISTRICT MAGISTRATE VARANASI

JUDGEMENT

(1.) The petitioner-Sant Singh son of Sabhajeet Singh, resident of Sulemanpur, P.S. Cholapur, district Varanasi while he was in jail in connection with Case Crime No. 102 of 1999 under Sec. 302/506/120-B IPC, P. S. Cholapur district Varanasi was served with an order of detention dated 4-6-1999, Annexure 1 to the writ petition issued by the District Magistrate, Varanasi under Sec.3 (2) of the National Security Act. This detention order has been made the subject matter of challenge of the present writ petition under Article 226 of the Constitution of India and it is prayed that a writ, order or direction in the nature of Habeas Corpus for production of the petitioner before the Court, for quashing the order of detention and for setting him at liberty be passed.

(2.) Counter and rejoinder affidavits have been exchanged. Heard Sri D. S. Misra, learned counsel for the petitioner, Sri Shesh Mani Misra, appearing on behalf of the Union of India and Sri Mahendra Pratap for rest of the respondents at considerable length.

(3.) The material facts which have led to the detention of the petitioner under Sec. 3(2) of the Act are that besides the fact that the petitioner is a person of criminal propensities having past antecedents of crime, he was arraigned in an incident which had occurred on 16-5-1999 at 11.30 A.M. near Chhichhna junction in village Mahganwa in district Varanasi in which one Bhaiya Lal Maurya lost his life on account of homicide. There was deep rooted enmity between the present petitioner, Nanhe Singh and Lal Mani Yadav on the one hand and the deceased Bhaiya Lal Maurya on the other. On the fateful day, the petitioner ws seen standing along with Nanhe Singh and Lal Mani Yadav in front of Katra of one Surendra Singh in Garthama Bazar which is at a distance of about three Kms. from Chhichhna junction in village Mahganwa. Incidentally, the deceased Bhaiya Lal Maurya, his brother Bhaiya Ram Maurya and their nephew Surjeet passed through Garthama Bazar on a Suzuki Motor Cycle. Seeing them, the petitioner made some gestures and was seen talking with Nanhe Singh and Lal Mani Yadav. The latter two on a motor cycle pursued Bhaiya Lal Maurya, his brother and nephew and after over-taking them at chhichhna trijunction dealt Bhiya Lal Maurya by opening indiscriminate fire by automatic weapons with the result he succumbed to the injuries. An F.I.R. was lodged by Bhaiya Ram Maurya, brother of the deceased at 1 P.M. at P. S. Cholapur, Varanasi which gave rise to crime case No. 102 of 1999 under Sec. 302/506 and 120-B IPC. The petitioner was not present at the situs of the crime and the only allegation against him was of criminal conspiracy hatched between the accused persons to annihilate Bhaiya Lal Maurya. The petitioner was apprehended and sent to jail on 18-5-1999. It appears that the petitioner applied for bail and while efforts were being made on his behalf to secure release on bail, the detention order dated 4-6-1999 was served upon him in jail.