R.R.K.TRIVEDI, J. - (1.) By means of this Habeas Corpus Writ Petition petitioner has questioned the legality of his detention under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) by the order dated 23-12-1999 (Annexure 1) passed by the District Magistrate, Meerut.
(2.) Along with the impugned order of detention petitioner was served with the grounds on which basis detaining authority formed his subjective satisfaction for detaining the petitioner under the Act. The allegations against the petitioner contained in the grounds, in brief, are that, on 11/07/1999 he along with his companions kidnapped Swatantra Rastogi while he was travelling along with Arun Kumar Jain in Maruti Car No. UP 15 J 5317. It has also been alleged that petitioner and Arun Kumar Jain had conspired to kidnap Swatantra Rastogi and Arun Kumar Jain who was also the friend of Swatantra Rastogi, was taking him in his Maruti Car in pursuance of that conspiracy. Petitioner and his three companions came from behind in Maruti Car No. DL-3-CP-7850 and over took the car in which Swatantra Rastogi was travelling with Arun Kumar Jain near Diwan Tyre at Partapur bye pass and kidnapped Swatantra Rastogi by force. A report of this occurrence was lodged by Arun Kumar Jain same day at 12.30 PM at P. S. Partapur, which was registered as case crime No. 201 of 1999 under Sections 364-A/394 Indian Penal Code; that this kidnapping was done for realisation of Rupees five Crores as ransom money, which was demanded from the relation of Swatantra Rastogi and Arun Kumar Jain acted as mediator. On account of the aforesaid incident commotion prevailed in entire city of Meerut and in also other adjoining districts namely, Muzaffar-nagar, Ghaziabad and Delhi. The businessman and industrialists were under fear and terror and they do not feel secure in travelling on national highway. Various business organisations expressed their reaction and demanded immediate action against the culprits and to provide protection to them. This kidnapping got wide coverage in newspapers having circulation in the entire country and in the State of Uttar Pradesh. Public order was badly disturbed. That on 23/07/1999 at 3.15 PM petitioner and his companions, Sri Ram alias Siriya Pahalwan, Mittu Lal, Azad Singh and Ram Pratap had fired at Delhi Police near Ashoka Hotel. In defence police also fired, in which Siriya Pahalwan died on the spot and petitioner and his three companions were arrested by Delhi Police. On search one Mouser Pistol No. 527512 along with cartridges in magazine, one mobile telephone and diary of Swatantra Rastogi were recovered from the petitioner. From the companions also illicit fire arms were recovered. In respect of this occurrence case Crime No. 270 of 1999, under Sections 186, 353, 307/34 Indian Penal Code and 25, 27, 54/59 of Arms Act were registered in P. S. Chanakyapuri, Delhi. After investigation charge sheet has been submitted in the Court.
(3.) Shri A. K. Singh, Station Officer, P.S. Partapur who was also Investigating Officer of case Crime No. 201 of 1999 learnt about the arrest of petitioner and his companions, Vikram Khari and Arun Gurjar. He went to Delhi and recorded the statements of accused persons. Accused confessed their involvement in the conspiracy and kidnapping of Swatantra Rastogi for realising ransom of Rupees five Crores. On 24/07/1995 Arun Kumar Jain was also arrested who had joined hands with them in this heinous crime for giving lesson to Swatantra Rastogi.;