- (1.) HEARD learned counsel for the petitioners, Sri K.P. Pathak, learned counsel for the Union of India and learned A.G.A. for the respondent Nos. 1 to 5.
(2.) THIS writ petition has been filed by the petitioners, Shekhu and Afsar with a prayer to issue a writ of habeas corpus commanding the respondents to release the petitioner No. 1, Shekhu and to quash the detention order dated 5.2.2015 passed by the District Magistrate, Hathras in the exercise of his power under Section 3(2) of the National Security Act (hereinafter referred to as the NSA). Briefly stated the facts of the case are that the petitioner along with his companion had enticed away Km. Mantasha aged about six years on 16.1.2015 at about 8:00 p.m. and after committing rape with her had strangulated her to death. An unidentified dead body of a minor girl was found lying near Rambagh Mandir on the next date, i.e. 17.1.2015 at about 11:30am by children who were playing cricket there. The dead body was identified by Mohd. Haneef as that of his daughter Km. Mantasha and on the basis of the written complaint filed by him Case Crime No. 49 of 2015 was registered at police station -Sidandararau, district -Hathras under Sections 364, 302, 201, 376 and 376D I.P.C. and Section 6 of POCSO Act at about 12:30 p.m. on 17.1.2015 against the petitioners and several other unknown persons. According to the postmortem report of the deceased Km. Mantasha she was subjected to rape before being strangulated to death. As a result of the aforesaid incident and after the recovery of the dead body of the deceased Km. Mantasha on 17.1.2015 at about 11:30 a.m., an atmosphere of fear and terror had gripped the area where the dead body of the deceased was found and the adjoining localities. Thousands of people had come out on the road protesting against the ghastly crime. Road block was organized which disrupted the traffic movement. In order to maintain public order and dispel the fear and terror which had gripped the women folk as well as the general public of the area, P.A.C., Q.R.T. and other additional forces had to be requisitioned from police stations -Hasayan, Mahila Thana, P.S. Hathras Junction, Police Line, police outposts -Agsauli, Wajidpur, Purdilnagar. The aforesaid incident was widely published in various local and national level newspapers.
(3.) WHILE the petitioner No. 1 was in District Jail, Hathras, the impugned detention order dated 5.2.2015 was served on him through Superintendent, District Jail, Aligarh, respondent No. 4 on the same day along with grounds of detention under Section 8 of the N.S.A.;