PARTAP MALIK Vs. STATE OF H P

JUDGEMENT

(1.) In this writ petition, petitioner Partap Malik has prayed for quashing the charge against him under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter called the TADA) in F.I.R. No. 81 of 1993 dated 29-6-1993 or in any other F.I.R. which might have been recorded against him, and grant of anticipatory bail in respect thereof.

(2.) Brief facts arising out of the pleadings of the parties are that the petitioner was working as teacher at Dalhousie from July, 1990 to July, 1992. After leaving Dalhousie the petitioner had joined as Editor-cum-Executive Director of the monthly magazine TChankaya Bureau at Ghaziabad (V.P.), which is owned and run by one Shri D.P. Yadav, Ex-Minister and M.L.A. of Uttar Pradesh. During his stay at Dalhousie, the petitioner married one Smt. Neel Kamal, sister of Shri Sanjeev Raj against the wishes of her parents. As such, his relations with Sanjeev Raj were hostile. On a raid conducted in the house of Sanjeev Raj a foreign-made pistol was recovered and F.I.R. No. 189 of 1994 under Section 25 of the Arms Act and Section 120-B I.P.C. was registered against him in the Police Station Dalhousie. During the course of investigation Sanjeev Raj revealed that the foreign-made pistol recovered from him was given to him by the petitioner, as such, he was also made co-accused in the said case. Apprehending his arrest, the petitioner moved this Court for anticipatory bail, which was granted in his favour on 28-11-1994 in Cr. M.P. No. 869 of 1994. According to the petitioner, he has been falsely implicated because he had written an article HASIN VADION MEIN KALA DHANDA, a copy whereof is Annexure PA to the petition, against the District Police Chamba.

(3.) It is also on record that in an another case F.I.R. No. 81 of 1993 under Section 307 read with Section 34 I.P.C. and Sections 25, 27, 57 and 59 of the Anus Act was registered in Police Station, Khair on 29-6-1993 and Sections 3, 4 and 5 of the TADA were also added to it on 30-6-1993 and Section 216-A I.P.C. on a later date. The allegations made in this F.I.R. are that a secret information was received at Police Post Sanghani on 29-6-1993 at about 3.50 P.M. that six strangers carrying large bags and binoculars were passing through Chambi Adhwar (J&K border) in suspicious circumstances. Three of them, who disclosed their names Abdul Latif, Mohammad Hanif and Mohammad Yakub Khan did come to Police Post, Sanghani to get their names entered as per the instructions issued to keep a watch on the activities of the militants who might come to that area from Jammu and Kashmir. Lateran, on receipt of the information that some other persons were staying in village Jalari, the Incharge, Police Post Sanghani alongwith another constable left for that village to ascertain their particulars. On the way they met Abdul Latif, Mohammad Hanif and Mohammad Yakub Khan, from whom they made enquiries about the strangers staying at Jalari but they were not able to give satisfactory reply and tried to nm away when the police officials tried to catch hold of them. They could only over-power one of them, namely, Abdul Latif and other two ran away. In the meantime, those strangers staying in the house of GuI Mohammad Magre opened fire on the police officials and one local citizen Abdul Rashid got bullet injuries. The strangers were asking the police officials to let off their accomplice Abdul Latif. At that time police officials were without any arms and ammunition. In the meantime, constables Jaiwant Raj and Man Singh reached on the spot with arms and ammunition and on the counter-firing of the police officials, those strangers fled away towards Jammu and Kashmir border. During the investigation two accused GuI Mohammad and Shafi Mohammad were arrested on 5-7-1993 and later on two more accused Abdul Latif and Mohammad Yakub Khan were handed over by the Jammu and Kashmir Police to Himachal Pradesh Police on 10-8-1994. In their interrogation it was revealed that a gun deal had taken place in the yearl992 through one Iqbal Mohammad resident of Madpaniar, District Chamba from the militants of Jammu and Kashmir, who had failed to make full payment of the deal, therefore, the militants had come to the said village to kidnap Iqbal Mohammad and they had resorted to firing on 26-9-1993 under the circumstances stated hereinabove.