KALYAN CHAKRAVARTHI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is application filed under Article 226 of the Constitution of India for issue of a writ of Habeas Corpus seeking discharge or accused No. 3 - Ch. Kalyan Chakravarthy in crime No. 30 of 1994 of Madannapet police station registered under the provisions of the Terrorist & disruptive Activities (Prevention) Act, 1987, as Section 20-A of the Terrorist & Disruptive Activities (Prevention) Act, 1987, was not complied with.

(2.) In the first information report filed by the Inspector of Police, Madannapet police station, in the Court of the Metropolitan Sessions Judge, Hyderabad, to designated court, it is mentioned that on reliable information that activities of CPI (ML) People's War Group, a banned organisation, were contemplating terrorist and disruptive activities with a view to over-throwing the lawfully established Government and for that purpose carrying on deliberations in the first floor of house No. 17-2-870/9 at Madannapet in Hyderabad city, he conducted raid on 3-4-1994 at 3.30 p.m. accompanied by police personnel, on the premises in the company of two panchayatdars Epuri Sri Hari and D. Salaiah. At 4.00 p.m. when the raid was conducted, four persons were found at the premises holding deliberations and all of them were taken into custody. They are, (1) Puttabathini Hari Prasad, son of Ramgopal (A-1), (2) Golconda Ramesh, Son of Ramaswamy (A-2), (3) Ch. Kalyan Chakravarti, Son of Janardhan (A-3), i.e., the petitioner herein and (4) Meriigala Ramesh, Son of Sunder Rao (A-4). A-1 informed the police that he had taken on rent the premises along with Ramana Reddy alias Ramana (A-5) and Chandrasekhar (A-6), both of them are working as central organisers, students wing, Hyderabad City, and in order to commit actions in the city they procured detonators, gelation sticks and other explosive material. In the presence of the mediators the following articles were sized : 1. Two granites. 2. 45 gelatin sticks. 3. 27 electric detonators. 4. Two safely fuse wires. 5. Cardex. one. 6. Literature in the form of pamphlets packed in two bundles exhorting the people to observe bandh on 14-5-1994 as a protest against Dunkel Draft. 7. Clothes.

(3.) On the same day at 5.30 p.m. the Inspector of Police registered the offence in Crime No. 30 of 1994 of madannapet police station under section 3 and 5 of the A.P. Explosive Substances Act, sub-sections (1) and (3) of section 3, Sections 4, 5 and 6 of the Terrorist & Disruptive Activities (Prevention) Act, 1987, (for short 'the Act'), and under section 8(1) of the A.P. Public Security Act. The seizure report, dated 3-4-1994, filed into the Court contains the details of the documents seized. On the next day i.e., on 4-4-1994 the original first information report consisting of four papers, original report consisting of three papers and the permission letter issued by the Deputy Commissioner of Police, South Zone, Hyderabad, in Memo No. HS-5/458/1994 granting permission for registering the case under sub-sections (1) and (3) of section 3, Sections 4, 5 and 6 of the Act comprising of one paper were filed into the Court of Metropolitan Sessions Judge, Hyderabad (designated court) by the Inspector of Police Madannapet.