NAND KISHORE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Petition and writ petitions Nos. 6482/1981 and 6741/1981 were heard together. Common question of law raised in all the three writ petition are decided in this petition. Since facts are separate, separate orders are pronounced in the other two writ petitions.

(2.) This writ of habeas corpus is filed by Nanda Kishore questioning the detention of Sri Arjun Singh under Section 3(2) of the national Security Act, 1980 by the commissioner of Police Hyderabad, by his order dt. 15/05/1981.

(3.) The grounds of detention mentioned are : "On 27-7-80 at 3.00 p.m. you along with Bhagwan Singh, Pratap Singh and Prakash went to Maharaja Bar & Restaurant, Basheerbagh. After consuming beer in the said Bar Sri Bhagwan Singh questioned Sri Sunil Roberts who plays according in the Band, as to why he failed to play the tune requested by him two or three days ago. So saying Sri Bhagawan singh caught hold of Sri Sunil Roberts to beat him. Due to intervention of beat artists the matter was subsided. Again on the same day at about 5.15 p.m. you along with Sri Bhagawan Singh, Pratap Singh, Prakash Anoop Singh and sham went to the said bar and you along with S/Sri Bhagawan Singh and Anoop Singh attacked Sri Sunil Roberts who was sitting in front of the counter. You were holding barbers razor and Sri Anoop Singh was holding knife, Sunil Roberts was beaten by Anoop Singh, Bhagawan Singh and shyam with knife causing professed bleading injuries. In the meanwhile you approached Shah Buddin with barbers razor and inflicted injuries on his right shoulder, neck also right hand fingers. You and your associates also caused knife injuries to two or three customers who ran away immediately. You and your associates also broke the mirror which was in front of the counter and broke four or five glasses. You after cutting telephone wire threw it on the floor. After commission of the above offences you all fled away in a taxi. Your above activities created terror and panic in the locality. On the complaint of Sri Abdul Salis, Manager of maharaja Bar & Restaurant in case in Cr. No. 19/80 under Section 148, 324, 427 and 307, I.P.C. read with 149 I.P.C. was registered at Narayanaguda P.S. and investigated. During the course of investigation you and your associates were arrested. A charge sheet was filed against you in the court of IVth M.M. Hyderabad. The case is committed to the court of Metropolitan Sessions Judge, Hyderabad. 2. On 19-2-1980 at about 10.30 a.m. you entered into the lace factory known as nagari lace Factory situated in premises No. 13/2/592, Raheempura and demanded Rs. 50.00 from the Sri Ashok partner of the said factory. To avoid payment Sri Ashok told that he had no money with him and his father was also not present in the factory upon which you took out a barbers razor and inflicted stab injuries to Sri Ashok on his left chest and again demanded money. Due to fear Sri Ashok paid you Rs. 50.00 while leaving the premises you warned Ashok not to report this matter to the police or else you would kill him and you filed away from the place of incidents you created terror and panic in the locality. The statements of Ashok was recorded and a case in Cr. No. 80 under Section 392 I.P.C. was registered at police station. Mangalghat against you. During the course of investigation you were arrested and remanded to judicial custody. The case was charge sheeted in the court of the III Metropolitan Magistrate, Hyderabad and is pending trial. 3. You are a rowdy of Mangalghat P.S. and you have criminal record since 196. Thus you have been acting in a manner prejudicial to the maintenance of the public order by your highhandedness and goondaism affecting the even tempo of the life of the community. Your above activities show that you are a dangerous and desparate character. Hence I am satisfied that you are a fit person to be detained to prevent you from acting in a manner prejudicial to the maintenance of public order. Accordingly I passed order of detention against you."