SUNIL PASWAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this petition, petitioner has prayed for a writ of habeas corpus commanding the respondents to release the petitioner and for quashing of the order dated 12-6-1998 (annexure 1 to the writ petition) passed by respondent No. 2, District Magistrate, Gorakhpur under Section 3(2) of the National Security Act (hereinafter referred to as the Act) under which he has been detained.

(2.) Along with the order of detention petitioner was also served with the grounds of detention on the basis of which respondent No. 2 formed his subjective satisfaction. In the grounds it is stated that on 24-11-1997, near the Char Phatak, at a little distance from the railway track, at about 4.30 p.m. when the police van No. U. P. 53/F-3210 was escorting the under trials for admission in the jail, after they had been produced in Court, it was attacked by hand-granades. The culprits were shouting that Rakesh and Brahma are in the van. At the site of the scene near the road Patri, a Tata mobile of red colour which bore plate bearing words "Chandresh Paswan" was sighted. Near the Char Pahatak, the culprits were standing on both sides of the road with bags in their hands. The Police constables escorting the under trials, fired ten rounds in defence which caused injuries to one of the miscreants, namely Shahabuddin alias Shakil, who fell wounded on the ground after receiving injuries. Injured Shahabuddin was holding a grenade in his hand which exploded badly injuring him. The miscreants took up and put him in the Tata Mobile and ran away. In this attack the police van was badly damaged and the constables and under-trials sitting in the van were injured by splinters of the bomb. The miscreants also left a revolver at the site and a live H. E. 36 service hand-grenade which was defused on the same day by disposal squad.

(3.) Report of the aforesaid occurrence was lodged at 7.30 p.m. at Police Station Shahpur against unknown persons. A case was registered as case crime No. 1076 of 1997, under Sections 147, 148/302/307/427/120B, I. P. C., 7 Criminal Law Amendment Act, 3/25 Arms Act, 3/4 of the Public Properties (Prevention of Damages) Act and 3/5 of Explosive Substances Act. Subsequently the Tata Mobile was recovered from the house of Chandresh Paswan. The wounded culprit Shahabuddin was also found there. He was lying on a cot wrapped in a blood-stained Kathari. Wounded Shahabuddin was admitted in hospital for treatment where he died on 3-12-1997. During investigation, involvement of petitioner along with Chandresh Paswan, Ram Briksh Yadav, Ram Nagina alias Nagina, Subhash Pasi, Prakash Pasi, Raja Ram, Arun Kumar and Shahabuddin came