U.S.TRIPATHI, J. - (1.) By means of above writ petitions, the petitioners have questioned the legality of the order dated 17-12-1999 passed by District Magistrate, Meerut under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), under which the petitioners have been detained.
(2.) Common question of facts and law are involved in the above writ petitions and therefore, all the three writ petitions are taken up together for disposal and for which the learned counsel for the parties have no objection.
(3.) Along with the impugned order of detention, the petitioners were also served the grounds on the basis of which the detaining authority formed his satisfaction for detaining the petitioners under the Act. There are eight grounds, which show that the petitioners were involved in criminal activities. It appears that on 11-7-1999 Arun Kumar Jain called Swatantra Rastogi from his house 10, Shivaji Road, P. S. Civil Lines, Meerut and was taking him to his factory. "Electra India Ltd." in Maruti Esteem Car No. UP-15 J-5317 through Roorkee-Delhi bye-pass. Haji Rais Ahmad was also sitting in the said Car. At about 12 noon another white Maruti Car No. DL 3 CP 7850 came from Meerut side and by overtaking the car in which Swatantra Rastogi was sitting got stopped. Swatantra Rastogi was dragged from the car and was got seated in the white Maruti Car by causing injury by butt of fire-arm and he was taken towards Delhi. Report regarding above incident was lodged on 11-7-1999 at 12.30, at P. S. Partapur, District Meerut. A case at crime No. 201 of 1999 under Section 363, I.P.C. was registered. That the news about above sensational incident was published in various newspapers like Statesman, Times of India, Hindustan Times, Punjab Keshari, Nav Bharat Times, Amar Ujala etc. The above incident caused sense of terror and insecurity in the mind of traders and industrialists. They came on road to raise protest and launched agitation. The President of Sanyukta Vyapar Sangh, Meerut submitted a memorandum of demands before the Superintendent of Police regarding their fear and insecurity and requested to get Sri Swatantra Rastogi set free. During investigation of the said case, the Inspector of P. S. Chanakyapuri, New Delhi took into custody co-accused Madan Bhaiya, Ajad Singh and others on 23-7-1999 at 3.15 p.m. at Delhi and these persons admitted their participation in the kidnapping of Swatantra Rastogi and demand of ransom. Swatantra Rastogi was released at 5.30 p.m. on 25-7-1999 and after a week of arrest of Madan Bhaiya, Pratap Singh, Ram Pratap and others. His evidence was recorded wherein he named Vikram Khan and other petitioners. It further came into evidence that the petitioners along with other accused persons abducted Swatantra Rastogi for the purpose of ransom of 5 crores. The case was, accordingly, altered under Section 364-A, I.P.C. on 23-7-1999. It also came to the notice of Inspector In-charge of P. S. Partapur that all accused of said incident, Vikram Khan, Arun Kumar Gujjar along with others were apprehended by Delhi Police in an encounter in Ashoka Hotel premises in case crime No. 270 of 1999 under Sections 386, 353, 307, I.P.C. and 25/59 Arms Act. On account of above incident of kidnapping of Swatantra Rastogi a leading industrialist and demand of ransom of Rs. 5 crores, atmosphere of terror prevailed in the entire district and the indusrialist community was feared and disturbed, which was prejudicial to the public order. The petitioners were ordered to be released on bail by the High Court and the detaining authority found that in case they were released on bail, they would indulge in similar activities prejudicial to the maintenance of public order. On the aforesaid grounds the detaining authority recorded hissatisfaction that in order to prevent the petitioners from acting in any manner prejudicial to maintenance of public order it is necessary that they may be detained under the Act.;