D.C. Srivastava, J. - (1.) Through this Habeas Corpus petition, the petitioner Haji Sarwat Husain, who is described in the detention order as Haji Sarwar Husain alias Haji Sarwey, challenging detention order dated 27th June, 1996, has prayed for his release forthwith, attacking the said detention order on variety of grounds enumerated in the grounds of attack in the petition and also subsequently through supplementary affidavit filed on his behalf.
(2.) The District Magistrate, Moradabad, passed the impugned detention order, vide copy Annexure-1 to the petition against the petitioner on 27th June, 1996. The grounds of detention were annexed along with the detention order and those grounds are five in number. ( i) The first ground of detention is that on 11th June, 1996 at 9.45 A.M. the petitioner in a well planned manner in his Mohalla Kot Eastern, town Sambhal, District Moradabad collected his family members consisting of males and females and also Mohalla people and instigated them against Nagar Palika Sambhal and Electricity Department because there was no water and electric supply. the crowd was armed with Lathi, danda and iron bars. It became violent. The crowd in small groups from different directions proceeded towards Nagar Palika office. The petitioner instigated the crowd that lesson should be tought to Nagar Palika Officers because they have failed to supply water. On the instigation of the petitioner the crowd entered into the various rooms of the office of Nagar Palika and stated causing damage to the property of Nagar Palika, kept in those rooms and office. The employees became panicky. Some how or the other the employees saved their lives' and came out of the rooms. The terror was so much that not only the employees of Nagar Palika were panicky, but also the shop-keepers in the nearby locality had closed their shops and started running away. In the meantime the police arrived and seeing the police party the petitioner in the company of his friend fled away from the scene of occurrence on a Scooter. The first information report about this incidents was lodged. (ii) The second incident took place on the same day at 12 o'clock in the day. This incident was recorded in the General Diary of police station Kotwali vide G.D. No. 47 at 4 P.M. through S.I. R.K. Raghav in which intimation was given that the said S.I. R.K. Raghav alongwith Section of P.A.C. was going on petrol duty on foot. At about 12 O'clock in the day, they reached the office of Nagar Palika Sambhal and found that sufficient crowd was there in the office. The doors, windows and glass-panes of the office of Nagar Palika were broken and the record of Nagar Palika was also torn. There was about 500 persons in the crowd, which included men as well as women. This violent crowd was also being led by the petitioner, who was instigating that Nagar Palika Office be set at fire. Slogans were also being raised to that effect. On the report of Executive Officer of Nagar Palika, case crime No. 219-A of 1996 was registered. Another report was lodged vide G.D. No. 33 at 3.35 P.M. on 12th June, 1996 intimating that on account of the incident dated 11th June, 1996 Nagar Palika employees were frightened and feeling insecured. (iii) The next ground is that on 11th June, 1996 at 5.35 P.M. a report was lodged by Shri K.C. Pundir, officiating Inspector that the petitioner after getting the damage done to Nagar Palika Office at 11.45 A.M. reached Electricity Department. At 12 O'clock under the leadership of the petitioner an attempt was made to put on fire the electricity office as well and thereafter electricity office was put to fire and the rooms in the said office were looted, Government Jeep and cycles so also the important record were also got burnt. Not only this the crowd entered the residential houses of the employees of Electricity Department where Television, Refrigerator, Scooter, Table, Chair, windows, doors glass-panes etc. were damaged. Pelting of stones on police party was also done, as a result of which constable Yashpal Singh, Constable Bhola Nath and P.A.C. 24 Battalion were injured. Their rifles were broken. After miled Lathi-charge the crowd was controlled. Another case of this incident was also registered. (iv) The next ground is that on 11th June, 1996, S.D.O. of Electricity Department got a report registered at police station Kotwali, Sambhal at 7.05 P.M. that on 11th June, 1996 when he returned to his office at 3 P.M. he was told by an employee Phool Chandra Saini that the office of Electricity Department was burnt and looted and Jeep and Cycle etc. were burnt causing damage to Government property worth Rs. 10 lacs. The employees of Electricity Department were also terror-striken and feeling insecured. (v) The next ground is that on 11th June, 1996 Bus Driver Sheoraj Singh, who was driving Bus No. U.H.C. 801 of U.P.S.R.T.C. lodged a report at police station Sambhal at 6.10 P.M. that in the bus driven by him there were 71 passengers and the bus was coming from Moradabad. When it reached near Electricity Office at Sambhal the violent crowd pelted stones on the bus and caused serious damage to it. It came during investigation that this crowd was also being led by the petitioner. A case was registered.
(3.) On the basis of these incidents and activities, the District Magistrate was satisfied that public order in the locality of the places of these incidents was disturbed and the employees of Nagar Palika and Electricity Department and their family members were feeling insecured and were terror striken. The District Magistrate was further satisfied that the petitioner was trying to obtain bail and on being released on bail he would again disturb the public order, consequently the alteged impugned detention order was passed against him.;