N.L.Ganguly - (1.) THIS writ petition is by Dharambir Kushwaha, General Manager, Dala Cement Factory, Dala, Distt. Sonbhadra for issuing a writ of Habeas Corpus or any other writ or direction commanding the respondents to forthwith release the petitioner from detention and also for a writ for quashing the order dated 6-6-91 passed by the District Magistrate, Sonbhadra, under section 3 (3) of National Security Act. 1980 (here-in-after referred to as the Act).
(2.) BEFORE actually considering the order of detention of the petitioner, brief facts leading to the arrest and detention of the petitioner would be necessary. The petitioner is the General Manager of Daia Cement Factory at Dala which is one of the Constituent of U. P. State Cement Corporation Limited, Churk, Distt. Sonbhadra. The State Government initiated proceedings for privatising the Cement Factory. Advertisement was published in the news paper inviting proposal from private Entrepeneurs in the last week of April 1990. Writ petition No. 26223 of 1990 was filed by number of workers of the Union of the Cement Factory. Another Writ petition No. 1003 of 1991 was also filed on behalf of the Officers Association of the Company, namely Churk Adhikari Kalyan Samiti. It appears that M/s Dalmia Industrial Limited were successful in the deal with the State Government and proceedings for privatisation of the Company was in progress. By a memorandum of understanding between the State Government and Damlias, 51% of the shares was to be transferred in favour of Dalmias Group of Industries. It was under the memorandum of understanding and also as per orders of the State Government steps were being taken for bringing on the Board of Directors of Companies, five nominations of the Dalmia Industries and alio for the appointment of one of them as Managing Director. It is noteworthy to mention that in writ petition No. 26223 of 1990, an interim stay order was passed by Mr. Justice S. C. Verma on 16-10-90 which directed ; "until further orders, the final implementation of the decision to handover the factories, run by the Corporation, shall remain stayed during the pendency of the writ petition. However, in the meantime, other formalities may be completed". The interim order of the High Court was neither vacated nor modified and it still stands. The final hearing of the aforementioned two writ petitions had already commenced before the Division Bench consisting of Hon. Chief Justice and Hon. Mr. Justice R. B. Mehrotra from 30th April 1991. The hearing was continued on 16th May 1991 and 21st May 1991 but the hearing was adjourned on next day on account of the assasination of Sri Rajiv Gandhi, former Prime Minister. The Division Bench before closing for summer vacation, was pleased to take up the petitions in chambers and directions were given by the Court the same day calling reports from the Asstt. Registrar of Companies to find out whether shares had been transferred to Dalmia Group of Industries prior to 24-5-1991. It submitted by the learned counsel for the petitioner that the State Government and the respondents were keen to implement the transfer of shares in favour of Dalmia Group of Industries before the coming into power of the new Government.
(3.) IT is stated by the petitioner that the State Government was keen to deliver the physical possession of the Dala Cement Factory to the representatives of Damlia Industries at the earliest. Thus under the directions of the State Government large contingent of local police and P. A. C. was posted at the Dala Cement Factory on 2-6-91. The employees and workers of the factory who were peacefully demonstrating and protesting against the action of the Administration. The petitioner submits that the police and the Mate Authorities on 2nd of June 1991 indiscreminately lathi charged and used lire arms over the peaceful workers and employees of the factory, who were agitating against the privatisation of the Factory. About 40 persons had died and very large number of persons had received injuries. The petitioners have annexed the news paper of 3rd June 1991 showing the firing of about 200 rounds and about the death and injured workers of the Factory. These facts about the lathi charge and tiring, casualties and the number of injured persons at the Factory gate and the allegations about the restrained order and the tiling of the writ petitions in this court are not controverted by the respondents in their counter affidavit.;