KAMAL PURI LATE GULAB PURI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction under Article 226 of the Constitution of India the petitioner has sought for issuance of a Writ in the nature of "habeas Corpus" or any other appropriate Writ for quashing of the order of detention (Annexure P-11) passed by the District Magistrate, Jabalpur, respondent No. 1, detaining his brother under sub-section (2) of section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act' ).

(2.) FACTS as adumbrated in the petition are that the brother of the petitioner, Prem Puri (hereinafter referred to as 'detenu') surrendered at Lordganj Police Station on 16th August, 1996 in connection with the Crime No. 316/96 though the Sub-Inspector of Police has shown him to have been arrested in connection with the aforesaid case and produced him before the competent Court on the allegations that he was involved in the aforesaid case under section 307/34 of the Penal Code read with sections 25 and 27 of the Arms Act under sections 3 and 5 of Explosive Substance Act. While he was in custody an order of detention dated 21-8-1996 passed by the District Magistrate, Jabalpur under section 3 (2) of the Act was served on him.

(3.) THE order of detention, as passed, refers to seven grounds. The grounds in essence, are (i) on 20-3-1995 at about 10. 20 P. M. the detenu along with his friend Manoj Shukla threw a crude bomb on one Chetat @ Guddu and also assaulted him with a knife which gave rise to Crime No. 196/95 under offence punishable under section 307, Indian Penal Code read with sections 3 and 5 of the Explosive Substance Act; (ii) on 10-6-1995 detenu with his friend Mukesh demanded money from one Abhay Kumar Jain and threw a crude bomb at him which is the subject matter of Crime No. 544/95 for offences under sections 3 and 5 of the Explosive Substance Act, (iii) on 23-2-1996 the detenu along with his accomplice with the intention of murdering one Ramnath Yadav, a Constable of Lordganj Police Station, fired from his revolver which is the subject matter of Crime No. 105/96 for offences under sections 307/34, Indian Penal Code read with sections 25/27 of Arms Act; (iv) on 25-2-1996 at about 5 P. M. the detenu along with another demanded money from one Keshav Choudhary near Khatik Mohalla, Police Station and on his refusal to accede to his demand he threatened to eliminate him by using fire-arms and on these allegations Crime No. 89/86 was instituted for offences under sections 384/385/386 of the Indian Penal Code; (v) on 15-7-1996 at about 3. 10 P. M. he along with his friends showed revolver to Sub-Inspector, Akhilesh Mishra and abused in obscene language and threatened to take away his life for which Criminal Case No. 186/96 for offences under sections 353/294/506-P/34 was registered against him; (vi) on 2-8-1996 at about 4. 30 P. M. he along with another demanded money from one Rakesh Kolwani, a resident of Civil Line, and on his refusal to comply with his demand, the detenu assaulted him with a 'sword' causing serious injury for which the Crime No. 389/96 was initiated for offences under sections 307/34, Indian Penal Code; and (vii) on 16-8-1996 at about 3 P. M. the detenu along with one Gabbar Yadav with the intention of doing away with Shri G. R. Lokare, Town Inspector, Police Station Lordganj for which the criminal action was set in motion, ultimately giving rise to Crime No. 361/96 for offences punishable under sections 307/34/25 read with section 27 of Arms Act and sections 3 and 5 of Explosive Substance Act. The detenu was arrested in that case and was produced before the competent Court.