VEERENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been filed seeking issuance of a writ of Habeas Corpus regarding detenu Surendera Singh, who is the brother of the petitioner and who has been detained under the National Security Act (hereinafter referred to as the 'Act') by District Magistrate. Surguja by his order dated 31-3-1995 (Annexure.R/2) and praying that the said order of detention be quashed.

(2.) Facts leading to the present petition in brief are that on receiving report (Annexure R/1) fromS. P. Surguja, the impugned - order (Annexure R/2) dated 31-5-1995 was passed by the Respondent No. 2. District Magistrate, Surguja u/S. 3(2) of the Act ordering detention of Surendra Singh on the grounds enumerated in 'Annexure R/2'. The said grounds briefly are as below: -.(i) On the report of Sukhlal, Crime No. 123 of 1990 for offences punishable under Sections 294/506 r/w. Sec. 34. of the IPC was, registered and charge-sheet filed.(ii) On the report of Tirathnath, Crime No.178/90 for offences punishable u/Ss. 147/148/149/452/ 186/323/294/506-B; IPC was registered and charge-sheet filed;(iii) On the report of Sanjay Manna, Crime No.348/90 for offence punishable u/Ss 147/148/149/307, IPC was registered and challan filed on 9-11-1990;(iv) On the report of R. N. Dixit, Crime No. 335/91 for offences punishable u/Ss. 341/294/323/506B r/w .Sec. 34 of the IPC was registered and charge-sheet filed;(v) On the report of Kamlesh, Crime No. 313/91 for offences punishable u/Ss. 294/506-B/323/324,was registered and charge-sheet filed in the Court;(vi) On the report of Sapan Kumar. Crime No. 323/91 of P. S. Chirimiri for offences punishable u/Ss. 147/148/149/294/506-B/323, 1PC was registered and charge-sheet filed;(vii) Complaint No. 15/91 under preventive Sections 107/116(3) of the Cr. P. C. prepared and filed;(viii) On the report of Sanjay Mehta, Crime No. 200/92 for offence punishable u./S. 302, IPC was registered and challan filed;(ix) On the complaint of Shiva Prasad Mishra Crime No. 10/93 for offences punishable u/Ss. 147/ 148/149/323/324, IPC was registered and challan filed;(x) On the report of Ram Milan, Crime No. 195/ 94 for offences punishable u/Ss. 147/ 149/427/506-B, IPC was registered and challan filed;(xi) On the report of Satya Pujan Mishra, Crime No. 351/94 for offences punishable u/Ss. 294/323/ 506-B, IPC was registered and challan filed;(xii) On complaint No. 18/94,preventive action taken and complaint u/Ss. 107/116(3 ) of the Cr. P. C. was drawn up;(xiii) On 8-12-1994, the detenu along with his companions assaulted the driver of the bus belonging to MPSRTC and, therefore, preventive action taken;(xiv) On 18-3-1995 on the report of complainant Savitri Bai, preventive action taken against the detenu;(xv) On the report of Nathuram, Crime No.119 of 1995 was registered against the detenu for offences punishable under Sections 341/294/506-B, IPC, which is pending investigation;(xvi) On 30-3-1995, the detenu chased the Driver Nathuram of a School Bus and threatened him to kill, due to which the market was closed and the students stopped going to the schools.It was alleged in the grounds of detention that the detenu was a person of criminal tendency and offences of murder, assault, criminal, intimidation, rioting were habitually committed by him and witnesses, on account of fear, did not give evidence against him. Therefore, his actions were prejudicial to maintenance of public order.

(3.) It would appear from the return of the respondents that vide communication dated 31-3-1995 (Annexure R/1) of the S. P., Surguja addressed to the District Magistrate; details of the prejudicial activities of the detenu were furnished along with relevant documents in support of the same. After carefully examining the report and the documents annexed therewith, the District Magistrate, Surguja passed detention order dated 31-3-1995 (Annexure R/2) under Section 3(2) and (3) of the Act, which was served on the detenu on 7-4-1995. By Annexure R/3, grounds of detention were furnished on 7-4-1995 to the detenu. The telegraphic communication of the detention of the detenu was sent by, Annexure R/4' dated 7-4-1995 to the State Government and detailed information was also sent to the State Govt. by letter dated 10-4-1995 (Annexure R/5). The State Govt. vide order dated 12-4-1995(Annexure R/6) accorded approval to the detention order of the District Magistrate and vide Annexure R/7 dated 18-4-1995, the State Govt. informed the Central Govt. about the detention order passed by District Magistrate, Surguja. The detenu was produced before the Advisory Board on 2-5-1995 and the Advisory Board by its order dated 2-5-1995(Annexure R/8) approved the detention, as it found it, to be justified. By order dated 16-5-1995(AnnexureR/9). The State Govt. u/S. 12(1) of the N.S.A., confirmed the detention order (Annexure R/2) and directed that the period of detention of the detenu shall last upto 6-4-1996. The confirmation order of detention was duly served on the detenu on 19-5-95 (Annexure R/ 10), the acknowledgement of which is 'Annexure R/11'. The details of detention were submitted by the State Government to the Central Government vide 'Annexure R/13' dated 26-7-1995.