- (1.) Smt. Seema Azad (the petitioner) and her husband Sri Vishwa Vijai alias Kamal (both are referred to as the Accused) were arrested at about 21:30 hours on 6.2.2010.
(2.) Subsequently, an F.I.R. was lodged at Police Station Khuldabad, District Allahabad on the same day at 23:50 hours by Sri Ved Prakash Rai STF Field Unit Allahabad (the Informant). It was registered as Case Crime No.37/2010 under Sections 18/20/21/23(2) of the Unlawful Activities (Prevention) Act, 1967 (the Act) and Section 120 B/121/121A IPC.
(3.) Broadly, the material allegations in the FIR are as follows: (i) The Special Task Force (the STF) Headquarters received information thatsimilar to the State of Bihar, Jharkhand, and Chhattisgarhthe banned organisation Bhartiya Communist Party (Maoist) {Communist Party of India (Maoist)} (the CPI-Maoist) is increasing its activities in this State. This information was also passed on to the Allahabad Unit of the STF. An instruction was received to collect information regarding the same; (ii) On 6.2.2010, Sri Manoj Kumar Jha, the Additional Superintendent of Police, informed that one Ms. Asha alias Hira Mani Munda wife of Balraj alias CR alias Arvind alias Bachcha Singh resident of Tilkar, Police Station Ekma, District Chhapra (Bihar), an active member of CPI-Maoist has been arrested and she informed that: * In District Allahabad, the Accused are members of the CPIMaoist. Vishwa Vijay is chief of the Organising Committee of CPI-M in UP. They live near Durga Pooja Park, E.W.S. Colony, Govindpur, Allahabad. And Information regarding them should be obtained forthwith; (iii) On receiving instruction, the Informant along with other police personnels started searching the Accused. They were arrested near Khushro Bagh, Jal Sansthan near Railway Station City side, Allahabad; (iv) At the time of arrest some documents and pamphlets (mentioned in the FIR) along with some money and a camera were recovered from them. They informed the police (recorded separately in the FIR) that: * The Accused are active members of the CPI-Maoist. Balraj is General Secretary of CPI-Maoist and is responsible to increase the activities of this Organization in UP. Balraj met the accused Vishwa Vijay at Allahabad and appointed him (Vishwa Vijay) as the Chief of the State Organising Committee of CPI-Maoist. The petitioner is also active member of the CPI-Maoist and overlooks literary work and publicity. She motivates other women to join the Organization. Balraj keeps on coming to Kanpur, where a meeting was to be held. In that meeting, other office-bearers from Bihar, Jharkhand and Chhattisgarh are also likely to come. *They were also going there. Their aim was to wage armed war against the Government of India and to establish Maoist regime after uprooting the Government of India. (v) After inquiry and considering the literature, it is clear that the Accused are members of the banned organisation CPI-M and antinational literature has been recovered from them. (vi) They were arrested under section 18, 20, 21, 23(2) of the Act and under section 120B, 121, 121A IPC at about 21:50 hours after informing them the reasons of arrest. (vii) The illegal material found during search was kept in the sealed cover.;