JAWALA KANT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for issuance of writ of habeas corpus and for quashing Annexures 1 and 2 whereby the petitioner has been detained under the Bihar Control of Crimes Act. By order dated 21-3-1988, the District Magistrate of Motihari ordered the detention of the detenue, on being satisfied that the detenu was an antisocial element and that his detention was essential for preventing him from acting in any manner prejudicial to the maintenance of public order. The detention order dated 21-3-1988, (Annexure-1) was approved by the State Government on 30th March, 1988. The order evidencing the approval is Annexure-2 to this application.

(2.) The ground for the detention related to four occurrences in which the petitioner was involved. The first ground was that on 21-7-1987, at about 3 a.m. the detenu along with his associates attacked a hotel armed with lethal weapons and assaulted the brother of the first informant Ballam Kumar Singh with daggers and damaged tables and chairs. A criminal case in regard to the incident was lodged by Ballam Kumar Singh on which Chhatauni P. S. Case No. 57 of 1987 under Sections 147, 148, 149, 307, 426 and 450 of the Indian Penal Code was instituted. The accused attacked the hotel as the culprits wanted to take possession of a temple which had been checkmated by removal of the Managing Committee and establishment of a new Managing Committee. Charge-sheet in that case was submitted against the petitioner and others.

(3.) The second incident leading to his detention took place on 9-4-1987, at about 9.30 p.m. Information in regard to the occurrence was lodged by the first informant Bhagwan Sah to D. S. Thakur, Inspector of Police. It was said that at about 6.45 p.m. when the first informant went to the residence of his brother, he found his brother injured and tossing five yards away from his house. On the batis of the statement of Bhagwan Sah, Motihari Town P. S. Case No. 94 of 1987, was instituted in respect of an offence under Section 302/34 of the Indian Penal Code. Investigation revealed that there was rivalry between the deceased Suresh on the one hand and the detenu on the other, on account of enmity over obtaining of works contracts and other matters. Charge-sheet was submitted against the detenu.