LACHHU MEGHRAJ VIDHYA Vs. R D TYAGI

JUDGEMENT

(1.) THE 1st Respondent on being subjectively satisfied that the criminal activities of one Appu Harpal Meghraj Vidhya are prejudicial to the maintenance of public order, on 9/03/1990 issued an order of detention under Section 3 (2) of the National Security Act, 1980, with a view to preventing him i. e. Appu alias Harpal Meghraj Vidhya the detenu, from engaging in criminal activities which are likely to disturb the public order. The petitioner is a brother of the detenu and he has filed the present petition challenging the legality and correctness of the order of detention. Order of detention came to be served on the detenu on 10/03/1990.

(2.) IN the grounds of detention, the Detaining Authority has relied upon four incidents which are referred to in paragraphs 2 (a) to-2 (d ). At the outset, it may be stated that the four incidents in question took place in Ulhasnagar area in Camp Nos. 2 and 3. The detenu is also resident of Ulhasnagar and is residing in Camp No. 3.

(3.) THE first incident took place on 27/12/1988 at about 2315 Hours in Camp No. 2, Ulhasnagar when Shrichand Shamani, the complainant, in Crime No. I-819/1988 was sitting with his friends in front of his closed shop. It is stated that the detenu and his two associates Ashok alias Hashu Ramchandra Ahuja and Tinku came in an auto rickshaw and went to the complainant. The two associates of the detenu caught hold of the hair of the complainant and assaulted him with fist blows and thereafter the detenu forcibly snatched away his golden chain which is valued at Rs. 3,000/- from his person. In this connection, offence under Section 392 read with S. 34 of the Indian Penal Code has been registered and the criminal case is subjudice. The detenu was arrested on 28/12/1988 and came to be released on bail on 29/12/1988.