SITA RAM MAHATHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed for issuance of a writ in the nature of habeas corpus for the release of the petitioner, who has been detained under Section 3(2) Of the National Security Act, 1980 (in short N.S.A.).

(2.) The petitioner was detained pursuent to an order of detention, dated 22nd July, 1988 issued by the District Magistrate, Dhanbad, Respondent No.2. A copy of the said order of detention has been appended to the petition as Annexure-1.

(3.) Alongwith the order of detention the petitioner was served with the grounds of detention on August, 1988 on which date he surrendered himself before the Superintendent of Police, Dhanbad the petitioner has been detained on two grounds, which are enumerated herein below: Ground No. 1- On 13th May, 1988: one Jaipati Thakur son of Mathon Thakur of village Manpur, P .S. Chandankiary, wanted to board a bus bearing No. B.H.G. 6169 at around 9.30 a.m. near village Manpur, P.S. Chandankiary, Rasoraj Mahatha, Ramu Mahatha and Rasu Mahatha, all of village Faudih, who were also standing there, prevented Jaipati Thakur from getting into the bus. He was assaulted following which he fell down and the bus started moving. The bus was commanded to stop by the miscreants, and the subject, alongwith his associates, got down from it. They started brutally assaulting Jaipati Thakur. On seeing this one Han Thakur, son of Late Thakur, who was sitting in a nearby shop, tried to intervene. The subject and his associates started assaulting him. They pressed a lathi into the chest of Han Thakur. Following this, Han Thakur sustained grievous injuries and cried for life. The passengers, including women and children in the bus also started crying. Nearby shopkeepers closed their shops. Injured Han Thakur was carried to a village doctor, where he was declared dead. The incident was the consequence of complaint and opposition by Jaipati Thakur against the subject. The subject is a notorious Dada and Rangdar of the locality. This incident created panic in the area and public order was disturbed. This refers to Chandankiary P.S. Case No. 39/88, dated 13-5-1988 under Section 302/24 of Indian Penal Code. Ground No. 2- On 3rd April, 1988, the subject tried to extort money from one Bishwadeb Mukherjee, son of Laxmikant Mukherjee, village Ghoramara, P.S. Chandankiary, while the latter was driving a bus bearing No. B.H.G. 9169 from Jharia to Baramasia under Chandankiary police station when he stopped the bus near village Lalla, the subject demanded, rangdari tax from him. On his refusal, he was brutally assaulted in full view of passengers. He was forced to get down from the bus and was taken to a nearby ration shop where he was again beaten, and ultimately he was made to pay Rs. 100 as rangdari tax. Hundreds of people assembled there, but due to terror created by the subject, nobody came to the rescue of the victim. After making payment of the rangdari tax and releasing himself, the driver escaped with the bus, leaving the passengers stranded. The people assembled there did not dare to enter into the bus. Thus normal routine of the people in the area was disturbed and public order got disturbed. This refers to Chandankiary P.S. Case No. 33/88 dated 23-4-1988 under Section 387 of the Indian Penal Code. A copy of the ground has been annexed as Annexure 2 to the application.