KALIDAS Vs. STATE OF J&K

JUDGEMENT

(1.) KALI Dass and Bodh Raj, both brothers, have been detained under the orders of District Magistrate, Jammu issued on January 14, 1988 under sec. 8 of the public Safety Act, 1978, (for short Act hereafter), for a period of one year. The grounds on which detention of the petitioners has been ordered are enumerated in the grounds of detention as under: - 1. That on 18 -11 -87 Sh : Ved Parkash S/o Sh : Prabha R/o Ambgrota excise Inspector city South Jammu reported in police station Satwari that on 18 -11 -87 he along with Excise Inspector Sohan Singh, H. N. Rania, Kanwaljeet Singh & some employees of the Excise Deptt. had gone to phallian Mandal for Excise raid on a matador. These officers raided on you and your associate Bodh Raj alias Jattu S/o Vishwa Nath at about 3. 30 P. M. when both of you were selling illicit liquor, and your associate attacked upon Sh : Ved parkash & others with an axe with the intention to do away with their lives. In the meantime your 10/12 persons reached on the spot who blocked the matador & started pelting stones as a result of which the men who were sitting in the matador sustained injuries & damaged the matador. Both Raj alias Jattu challenged the people that 2/3 men be killed. On this saying of Bodh Raj alias Jattu you caught kanwarjeet Singh Inspector Excise & inflicted grievous injuries to him with the intention to kill him. Excise Inspector Ved parkash fled away from the spot & the injured were removed to the hospital. The matador remained lying on the spot. In this connection FIR No : 198/87 under sec. 307/148/149/351/336/332 -RPC stands registered in police Station Satwari :

(2.) YOU alongwith your associate Bodh Raj alias Jattu on 9 -12 -1987 went into the hotel of Shamlal at Satwari & took meals. When the hotel owner demanded money for the meals you & your associates drew out a Ëœkhokhriâ„¢ & a knife. Both of you said in a thretening manner that till that day no body has dared to ask for payment of meals etc. This act of your caused terror in the area & people were scared. Mohd Aslam Shah ASI police station Satwari along with Nafri came on spot on hearing such an incident but people were so scared of you and your associate that they were not ready to depose anything against you. In this connection DD report No. 25 dated 9 -12 -1987 was entered in police Station Satwari.

(3.) SH : Madan Lal Thappa SHO police Station Satwari came to know on 14 -12 -1987 that some goonda element had stopped one bus at Raipur Satwari where upon SHO alongwith Nafri reached on spot and it was known that you & yours associate Bodh Raj alias Jattu were going on the bus towards phallan & when the conductor demanded fare, you & your associate drew out a khokhri & toka & gave a lalkara who would demand fare from them. The driver stopped the bus and the passengers alighted from it due to fear. When you saw the police you fled away with your associates. This act of your caused terror & people were so scared that no body came forward to depose against you. In this connection DD report No : 21 dated 14 -12 -1987 was entered in police station Satwari.