MD.FAHIM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal writ application has been filed under Article 226 of the Constitution by the petitioner Md. Fahim Khan for quashing Annexure -10, an order passed by the District Magistrate, respondent No. 3, whereby and whereunder he has passed an order of detention of the petitioner under Section 12(2) of the Bihar Control of Crimes Act, 1981 and also for quashing the Annexure -12, by which the respondent No. 2, Department of Home. Govt. of Jharkhand, not only confirmed the order contained in Annexure -10 but also passed a detention order against the petitioner till 19.7.2002.

(2.) SHORTLY stated the case of the petitioner is that he is a social worker and active member of political party and on many occasions he has protested against the activities of some persons, namely, Sarwasri Jafar Ali, Rashid All, Keshar Ali, Sabir Alam, Nishar Ahmad. Sakev Afjal, Jafir, Md. Shalim Ansari, Md. Akhtar, who have a group and are anti -social elements having blessing of higher society. Because of his protest those persons were aggrieved by him and threatened the petitioner with dire consequences. Three cases, namely, Dhanbad (Saraidhela) P.S. Case No. 298 of 2000 instituted on 31.5.2000, under Section 386 of the Indian Penal Code. Dhanbad (Bank More) P.S. Case No. 303 of 2000 instituted on 1.6.2000, under Sections 25(1 -b) and 26 of the Arms Act and Dhanbad (Bank More) P.S. Case No. 307 of 2000 instituted on 2.6.2000, under Sections 307/290/160/34 of the Indian Penal Code, read with Section 27 of the Arms Act, were instituted at the instance of the aforesaid persons within a span period of 3 days. It is stated that in all these cases the aforesaid persons figured either as seizure list witnesses or as eye -witnesses, which according to the petitioner are marked as Annexures -1, 2 and 3 appended with the writ petition and these cases have been instituted in order to humiliate and harass the petitioner. On 31.5.2000 the petitioner was arrested in connection with Dhanbad P.S. Case No. 303 of 2000 and he was taken into jail custody.

(3.) WITH regard to Dhanbad P.S. Case No. 307 of 1998 under Sections 302/34 of the Indian Penal Code, the petitioners case is that he has been acquitted by the competent Court of law and during his custody in jail, Dhanbad (Bankmore) Sanha No. 166 of 2000 was lodged against the petitioner by Jafar Ali. In Dhanbad (Saraidhela) P.S. Case No. 298 of 2000 and in Dhanbad (Bankmore) P.S. Case No. 307 of 2000 the petitioner has already been granted bail either by this Court or by the Court below and in Dhanbad (Bankmore) P.S. Case No. 303 of 2000, he was convicted by the Court below and in that case the petitioner has already completed his conviction of one year and he has not challenged the judgment of conviction. Annexure -7 appended to this writ petition. Again the petitioner is on bail in Dhanbad (Bankmore) P.S. Case No. 185 of 2001 and in Dhanbad (Sadar) P.S. Case No. 200 of 2001 granted by this Court. Besides the aforesaid circumstance, the petitioner has pleaded that his wife, namely, Rizwan Parvin had filed a C.P. Case No. 540 of 2001 against Rajendra Ram, Officer Incharge of Bank More Police Station alongwith Sakir Alam, Wahid Babu, Sahid, Pappu, Asgar, Jaffar Ali, Rustam (Body Guard of Jaffar Ali), Ekrar Alam, i.e. against the same group, who has filed case after case against the petitioner. This case has been filed on 12.5.2001, the above mentioned persons had brutally assaulted Sahina Parvin and had taken away cash amount of Rs. 30,000/ - alongwith ornaments etc. belonging to the wife of the petitioner from the house of the petitioner, and cognizance has been taken against those persons vide Annexure -8.