R.B.MEHROTRA, J. - (1.) Munna, the petitioner in the present case, has filed the habeas corpus petition in this Court challenging the order of the District Magistrate, Kanpur City, dated 15th of February, 1994 exercising powers under Section 3(3) of the National Security Act (hereinafter referred to as the Act) and directing that the petitioner will be detained under Section 3(2) of the Act in Kanpur jail in ordinary class and has prayed for a relief of declaring the aforesaid detention order and the order approving/confirming the detention of the petitioner by the advisory Board/Government, dated 7-4-1994 to be illegal and also for a writ of habeas corpus calling upon the respondents to present the petitioner in Court and set him at liberty.
(2.) The grounds of detention were also served on the petitioner along with the order of detention.
(3.) The grounds of detention served on the petitioner along with the detention order recite : "On 1-2-94 at about 7.45 A.M. Km. Rizwana aged 14 Years was going to Usmania School, Bekanganj from her house and as soon as she reached the shop of Naim Panwala in front of Colonelganj road, you were standing near the shop of Naim Panwala and seeing that Km. Rizwana is coming, you stood up infront of her and with a motive of molesting her, you began dragging her which was protested by Km. Rizwana and she tried to free herself from your clutches, but she was not able to get herself freed. You dragged her towards the side of Nisar Market and after beating and threatening her you dashed her on an wooden plank with an intention of molesting her. Due to your fear and terror, the locality people did not dare to get Km. Rizwana freed from you from this criminal act. However, some people showing courage got Km. Rizwana freed from you. You have committed this crime on the main road due to which fear and terror struck amongst the people living there and feeling of insecurity was created. The guardians of the area got a feeling that it is not safe to send their daughters to school and amongst common people a feeling of fear and insecurity has crept in due to this nefarious act of yours. In the area, your fear and terror was so much that despite seeing this nefarious act of yours during day light, the people of the area could not protest against you. Even then Sarfuddin, Abdul Hakim, Hafiz and Haji Hashmati by mustering courage, got Km. Rizwana freed from your clutches. In this connection, a case has been registered against you at police station Colonelganj being Case Crime No. 25/94 under Sections 354,323,506 I.P.C. The copy of the first information report is annexed as Annexure '2' and the statements of Sarfuddin, Abdul Hakim, Hafiz alias Raju, Haji Hashmati and Km. Rizwana recorded under Section 161 verified the aforesaid facts which are Annexures 9 to 14. The case is under investigation. In connection with the aforesaid incident, Sri Dinesh Kumar Yadav, Incharge Police Chauki Chhontey Mian Hata, Police Station Colonelganj, who is Investigating Officer of the crime has recorded in his report No. 11 at 23.30 hour on 32-94 that when he went to search you in connection with the aforesaid case, witness Sri Hafiz alias Raju told him that you have terrorised him for giving evidence. The shop keepers are closing their shops. The doors and windows of the houses are being closed. The aforesaid report has been recorded in the general diary by S. I. Sri Dinesh Kumar Yadav, a certified copy of which is enclosed as Annexure '3'. In connection with the aforesaid incident, almost in all the newspapers being published from Kanpur city, the said incident has been published prominently with different headings. Consequent thereto, ladies organisations have taken out processions, have gheraoed the Thana and such problems have cropped up that it is difficult to maintain the public order. Copies of the news items published in the news papers along with different headings are enclosed as Anneures '4' to '6'. Due to the aforesaid incident, a terror has struck in the people of the nearby area and they have feeling of insecurity. The ladies and girls are purturbed and public order has been completely disturbed. From the aforesaid facts, it is clear that you are hardened criminal and you fire on the police party without any hitch with an intention to kill and molest the girls publicly and threaten on the common citizens and due to your criminal actions, the public order is disturbed and you have become problem for maintaining public order. Therefore, it has become necessary to detain you. Your aforesaid criminal act is contrary to maintaining public order. At present you are in detention in district jail, Kanpur in Case Crime No. 190/93, under Section 307 I.P.C. and case crime No. 25/94, under Sections 354, 323, 506 I.P.C. police station Colonelganj and you have filed bail applications in the aforesaid cases, certified copies of which are enclosed as Annexures 7 and 8 from which it is clear that you will be released on bail and coming out from the jail, you will again indulge in such criminal acts by which public order will be disturbed, therefore, it is necessary to detain you. On the aforesaid facts I am satisfied that you can act in any such manner which will be contrary to maintaining of public order and for preventing you in acting in any such manner, which is contrary to maintaining public order, it is necessary to detain you with the aforesaid object." (English version).;