- (1.) Rejoinder affidavit filed by the learned counsel for the petitioner to the counter affidavits of the respondent nos. 3 and 4 in the Court today is taken on record. Heard learned counsel for the petitioner, Sri V.K.S.Chandel, learned counsel for the respondent no.1/Union of India, learned AGA for the respondent nos. 2 to 4.
(2.) This writ petition has been filed by the petitioner Sanjay @ Sanjoo with a prayer to issue a writ of Habeas Corpus quashing the detention order dated 11.12.2014 (Annexure-1 to the writ petition) passed by the District Magistrate,Amroha/respondent no.3 in the exercise of his power under Section 3(3) of the National Security Act, hereinafter referred to as the NSA. Briefly stated the facts of this case are that Harsh, six years old son of one Khem Chand, who was studying in class-II had disappeared on 01.10.2014 at about 10.00 a.m. while he was playing in front of his house. On the basis of the F.I.R. of the aforesaid incident lodged by Khem Chand case crime no. 341 of 2014, under Sections 363, 302 and 201 IPC was registered at P.S.Mandi Chanaura, District Amroha against unknown persons. During investigation the name of one Dhanraj surfaced as accused and the aforesaid Dhanraj during his interrogation admitted that he along with the petitioner had kidnapped Harsh for ransom, but they had committed the murder of Harsh behind Pathar Kuti temple on apprehending that no ransom would be paid to them. On the basis of the confessional statement of aforesaid Dhanraj, the petitioner was arrayed as an accused in the present case and sent to jail. The dead body of the kidnapped boy was recovered on 03.10.2014 on the alleged joint pointing out of the aforesaid Dhanraj and the petitioner. The crime weapon was also allegedly recovered on the pointing out of the petitioner on 06.10.2014. On account of the aforesaid dare devil incident an atmosphere of fear and terror engulfed Dhanaura Mandi District Amroha. The school going children of the locality stopped going to their schools. Driven by fear and terror and also the rumuour that the murderers of Harsh had been released, the angry public blocked the Gajraula Chandpur State Highway totally disrupting the traffic movement between Amroha and Uttarakhand and it was only after considerable pursuation and efforts of the police and the district officers that the road block was removed. The news of the aforesaid incident was published in several local and national level news papers. The head masters of the Primary School Subhash Nagar Dhaunara and Heera International School, Dhaunara issued memorandum stating therein that on account of the aforesaid daring incident, the guardians were not willing to send their wards to the schools on account of which public order was totally disturbed.
(3.) While the petitioner was in District Jail, Moradabad, the impugned detention order dated 11.12.2014 was served on him through the respondent no.4 on the same day along with the grounds of detention under Section 8 of N.S.A. Learned counsel for the petitioner submitted that the District Magistrate, Moradabad has not applied his mind to the facts of the case and the material on record and he has passed the impugned order in a routine manner on the report submitted to him by the police authorities. The detaining authority has failed to record any satisfaction in the impugned order that there was real possibility of the petitioner, who was already in judicial custody, being released on bail. Further the material before the detaining authority was not sufficient to satisfy him that after being released on bail the petitioner shall again indulge in activities prejudicial to the public order and hence, the impugned order which is per-se illegal may be set aside and the petitioner be set at liberty forthwith.;