PALOK BASU, J. - (1.) In spite of several decisions by the Hon'ble Supreme Court and following them, by this Court and perhaps all other High Courts, counsel are emboldened to argue that the given case may not fall within the ambit of "acting in any manner prejudicial to the maintenance of public order" and shall be confined to the "law and order" problem. In the instant case, however, since the petitioner Wazir Yadav claims himself to be a 28 years aged man, being a student of Class M.Ed. in Nanak Chand Angle Sankrit College, Meerut and that he is a sportsman and a renowned social worker and further claims to be a student leader, his actions as reported through grounds 1, 2, 3 and 4 appear to be too serious to countenance the aforesaid argument.
(2.) It appears that on 26-2-92 the District Magistrate has passed an order of detention under Section 3(3) of the National Security Act (N.S.A.). In passing the said order, the District Magistrate felt satisfied that since it vas necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order, the passing of the order under N.S.A. was imperative. He based his satisfaction on the following grounds which too were supplied to the petitioner and served along with the said detention order dated 26/02/1992 when he was arrested :- (1) On 20-1-92 at about 12 noon, Wazir Yadav along with his companions Om Prakash and others came to D. M. College, Meerut in connection with matters of Chhatra Sangh (Students' Union) for the purpose of inciting violence and terror through his speeches and within that end in view went to the Principal's room and caused damage to the property and also pulled up glass kept on the table and threw it on the Principal. As a result of all this lawlessness in the campus and feeling of insecurity gripped the teachers and employees etc. in the college and all of them became scared. Regarding this incident, First Information Report has been lodged at Police Station Delhi-gate Meerut, under Sections 147, 323, 504 and 506 IPC and Section 427 IPC against case crime No. 45/92 which is under investigation; (2) On 21-1-1992 Wazir Yadav formed a group of miscreants whose object was to infuse lawlessness and terror in the college premises, amongst whom Om Prakash and Dheeraj were prominent. He along with said group arrived at N.A.S. College, Meerut at 10.20 a.m.; forcibly dragged students out of the class-rooms and started giving speech in order to incite the students to resort to a fight unto and indulge in violent activities in connection with matters of Chhatra Sangh, misbehaved with the Principal and the teachers and attempted to murder them with knives. As a result of all this, lawlessness in the campus and feeling of insecurity gripped the college. A report about it was lodged at Police Station Civil Lines, Meerut as crime No. 36/92 under Sections 147, 323, 352, 504, 341, 307 and 506 IPC and Section 7 Criminal Law Amendment Act, which is under investigation; (3) In the same continuation, again on 13-2-1992 when Sri P.C. Pachaury, Principal D. N. College, Meerut was proceeding from his residence to his college around 10.30 a.m. at a public crowded road in front of Reghunath Girls Degree College the petitioner along with 20-25 accomplices in an utterly daring manner, surrounded him amongst whom Om Prakash and Dheeraj were prominent. Dr. P.C. Pachaury was beaten with fists and manhandled on the road and was threatened to be murdered by country-made pistol and similarly a threat was extended to liquidate his family members also. As a result of all this, feeling of insecurity and fear gripped the teachers in general and Dr. P.C. Panchaury in particular. Regarding this incident a report was lodged at police station Civil Lines Meerut as Crime No. 71/92 under Sections 147, 323, 506 IPC which is under investigation; (4) In continuation of the aforesaid incident dated 13-2-1992, Wasir Yadav accompanied with 10 or 12 persons amongst whom Om Prakash and Dheeraj were prominent, entered the College precincts at 11 a.m. and threatened to set-fire to the office of the Principal Sri V. B. Chauhan and also set fire to the college and threatened that the college shall not be permitted to run and they attempted to cause murder by firing through fire-arms. In this riotous action, laboratory in the chemistry department the case (motor vehicles) of the Principal and teachers were damaged causing loss of about Rs. 2 lacs. As a result of all this criminal activity and lawlessness in the campus, a feeling of insecurity gripped the teachers and employees in the college forcing the teachers and students and the college students ran helter skelter in terror and fear; (5) (In the grounds of detention, there is no separate serial number against this ground, but here it is so mentioned to maintain distinction.) In continuation of the same incident and misbehaviour, in, furtherance of his highhanded action of causing damage again on 13-12-1992 at about 11.10 a.m. Wazir Yadav along with his 10-11 accomplices, amongst whom Om Prakash and Dheeraj were prominent, caused extensive damage to the Chemistry laboratory and broke bottles of chemicals, damaged the furniture and also molested the college girls students. This riotous unsocial and indecent act created a reign of terror amongst the girl students, students and teachers and the public which resulted in a melee and in the whole city, the entire teacher and students communities is feeling insecure and the academic life has been completely disrupted. Regarding these two incidents, First Information Reports at Crime No. 45/92 under Sections 147, 307, 336, 427 IPC and 7 Criminal Law Amendment Act and Crime No. 45-A/92 under Sections 147/427, 379 and 294 IPC have been registered, which are under investigation.
(3.) It was further narrated that the petitioner on bail since 17-2-1992 and ever since he is planning to indulge in the same violent activities to spread indiscipline and violence, regarding which the police of Police Station Lalkurti Meerut through Sub-Inspector Sri Rajendra Singh has registered a report in the General Diary No. 40 dated 18-2-1992. The aforesaid unsocial and criminal activities of the petitioner has disrupted the normal social life particularly the academic life amongst the teachers, male students and female students and a reign of terror is noticed.;