BIRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for issuance of writ of habeas corpus for the release of the petitioner who has been detained in pursuance of an order under Section 12 of the Bihar Control of Crimes Act, 1981, issued by the District Magistrate. Singhbhum at Chaibasa. History wise, the petitioner was involved in a case under Sections 326 and 307 of the Indian Penal Code in 1970. He was also accused in Sonari P. S Case No. 59 dated 7-9-1982, under Sections 323/341/34 of the Indian Penal Code.

(2.) The ground for the detention is that on 8-8-1987, at obout 11.45 a.m. he shot Nirmal Mahto, a Tribal leader. The killing took place near the gate of Chamary Guest House of Tata Iron and Steel Company Ltd. at Jamshedpur. The shooting took place when the detenu along with Suraj Mandal and Gyan Ranjan M. L. As and several others were coming out to attend the shradh of the mother of one Avtar Singh Tarik. Nirmal Mahto, President of Jharkhand Mukti Morcha, was rushed to Tata Main hospital but he succumbed to the injury soon after reaching the hospital. The murder of Nirmal Mahto created tremendous upheaval at Jamshedpur. The Jharkhand Mukti Morcha, of which the deceased was the President, and which claims to agitate for creation of separate Jharkhand State, took it as an affront to the political and tribal aspirations. The upheaval resulted in several occurrences of assault and killing namely ;

(3.) In my view, theie can be not the least doubt that public order was disturbed by the act of the petitioner in killing Nirmal Mahto, In fact, learned counsel for the petitioner did not content that the public order was not disturbed.