BRIJ VEER AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The questions of fact and law are similar in the aforesaid writ petitions and they can conveniently be decided by a common order against which learned counsel for the parties have no objection. The habeas corpus writ petition No. 7307 of 1999 shall be the leading case.

(2.) Petitioners of aforesaid writ petitions have challenged the orders dated 19-11-1998, passed separately against each of them, under Section 3(2) of the National Security Act (hereinafter referred to as the Act) under which they have been detained. Along with the orders of detention the petitioners were also served with the grounds, which are similar. In leading case the impugned order of detention dated 19-11-1998 has been filed as Annexure 4 and grounds on which subjective satisfaction has been formed by the detaining authority has been filed as Annexure 5.

(3.) There are two grounds on the basis of which the orders of detention have been passed. The first ground is that on 9-11-1998 Jaswant Singh son of Shri Ram, resident of the village Hariagarhi, Police Station Raya, district Mathura lodged report (annexure 2) in police station Raya, which was registered as case crime No. 280 of 1998, under Section 506 IPC . It is stated that on 31-10-1998 the petitioners along with other companions forcibly entered in the house of Vinod Kumar son of Raghubir Singh and dragged with them his sister-in-law and wives of two nephews to their house and committed gang rape with them and thereafter left them naked in the village. No body in the village could muster courage to prevent the petitioners and their accomplishes from committing this heinous crime. It is further stated that accused persons are presently under detention in district jail Mathura and they are sending persons of criminal nature and threatening the complainant and his family members for their life if they do not file compromise and affidavit in the court regarding the offence committed on 31-10-1998. On 9-11-1998 at 7 a.m. when Jaswant Singh, the complainant was heading towards Raya from his village four armed persons called him and shouted at him that PAC and Police will not be helpful to him as they have been posted only for short time. If he does not file affidavits in favour of Om Veer, Mukta, Birjo and Brijveer then he will not be saved and shall be buried alive. When the miscreants were threatening, it was heard by Rishi Pal son of Devi Singh and Sugriv son of Hari Singh. On account of this daring attempt of the miscreants atmosphere of fear and commotion has prevailed in the village. The village persons kept themselves away from daily work. They are living under great fear and terror but have no courage to open their mouth against miscreants. Silence prevailed in the entire village and on account of petitioners' fear public order has been badly disturbed. Village people go inside their houses early in the evening and come out only in the morning. It is stated that on account of the aforesaid daring criminal activity of the petitioners the entire village is under grip of fear and public order has been badly disturbed.