S.K.Phaujdar, J.C.Misra - (1.) -Through this writ petition the petitioner has prayed for issuance of a writ of the nature of habeas corpus directing his release from custody after quashing the detention order dated 30.7.1997, recorded by the District Magistrate, Bulandshahr, under Section 3 (2) of the National Security Act.
(2.) THE detention order was appended with the grounds of detention and it indicated that the petitioner had been a man of desperate nature prone to commit offences and was also a history-sheeter. He had established links with one Mahendra Singh Sagar, a person of similar nature and disposition. It was stated that the petitioner used to work as a hired killer and through his actions, he had created a terror in the locality and nobody dared to raise any objection against him or to speak against him as a witness. It was alleged that on 7.4.1997 he had done to death a senior Advocate, Sri Dhiraj Singh Bhatia, along with his co-conspirators and the situation posed a serious threat to maintenance of public order. It was alleged that after the incident the petitioner had absconded. Subsequently, however, he surrendered in connection with another case and went to jail. The grounds indicated that he was one of the persons, who had come on a motor-cycle and had showered bullets on Sri Bhatia and had fled away on the motor-cycle itself. The motor-cycle was being driven by one Pappan and one Kishore was allegedly with this petitioner and both of them had allegedly opened fire on Sri Bhatia over some dispute over election in a 'Bus Owners' Union. As a result of this killing, not only immediate terror was created but the incident had affected the even tempo of the society as the markets, Courts, etc. were closed and full Hartal was observed in Bulandshahr and adjoining areas. The grounds indicated other alleged cases levelled against him. It was further stated that the petitioner was trying to get himself out on bail and there was likelihood of his getting bail and there was further likelihood that once out on bail he would again engage himself in similar criminal activities.
(3.) THE writ petition was pressed on the grounds that the incident in question took place on 7.4.1997 and in different instalments the District Magistrate had issued different detention orders for different accused persons. It was indicated that for Mahendra, a co-accused, a detention order was passed and was subsequently revoked. It was further stated that for Kishore and Pappan, detention order was recorded and the same was quashed by this Court vide order dated 13.2.98. It was contended that when Kishore, Pappan and Mahendra were set at liberty either by an order from this Court or by an order from the State itself, there is no reason for the detention further detention of the present petitioner. It was further contended that there was absolute non-application of mind by the District Magistrate as he never looked to the problem comprehensible, although he had every fact to his knowledge by 16.4.97. He had only acted on successive recommendations from the Police Officers and in this case also, the recommendation dated 28.7.1997 came from the Police Station, it was forwarded by the S.S.P. on 29.7.1997, and the District Magistrate recorded the order of detention on 30.7.1997 not taking into account that long prior to that date the order in respect of Mahendra was revoked by the State.;