- (1.) M. Katju, J. This writ petition has been filed against the impugned detention order dated 7. 4. 2001 Annexure-10 to the writ petition under the National Security Act.
(2.) WE have heard learned counsel for the parties. The grounds of detention as annexed in Annexure-10 to the writ petition state that on 1. 12. 2000 at about 6 a. m. one Sohanvir was taking his 15 years old daughter Km. Neha for tuition when the petitioner and his associates came to them and forcibly at the point of pistol took away Km. Neha to a sugarcane field. When Sohanvir protested the petitioner and his associates beat him with blows of fists and sticks and took Km. Neha to the cane field and forcibly gang-raped her in the presence of her father Sohanvir after taking off her Salwar and making her half naked. Sohanvir thereafter ran to the village and informed the people of his village. The village people came to the spot and they saw Km. Neha's hands tied and she was lying on the spot in half-naked condition. She was weeping and informed the people that she had been forcibly gang-raped by the petitioner and others. An F. I. R. was lodged at 8. 40 a. m. The news of this incident of gang rape spread like wild fire in the entire area with the result that the school going children felt unsafe and went back home. As a reaction to this incident the angry villagers did Chakka-jam on the road going to Delhi with the result that there was traffic-jam on the public road. Km. Neha was of Jaat caste whereas the petitioner and his associates were Gareriyas and because of this reason a tension between two castes was created and the Jaats started attacking Gareriyas.
(3.) IT was also stated in the grounds of detention that the petitioner was in Jail. He was trying to obtain bail which was likely to be granted. Hence the impugned detention order was passed. Counter affidavits have been filed by the State Government, District Magistrate and the Deputy Jailer and we have perused the same.;