R.R.K.TRIVEDI, J. - (1.) Petitioner Wali Mohammad of this Habeas Corpus petition has challenged his detention under S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) under the order dated 30-11-1997 (Annexure I to the petition), passed by respondent No. 2 and also his continued detention under the aforesaid order. He has also prayed that the respondents may be directed to release the petitioner from detention forthwith.
(2.) Along with the order of detention dated 30-11-1997 petitioner was also served the grounds on which basis respondent No. 2 formed his subjective satisfaction for passing the order of detention against the petitioner. The grounds have been filed as Annexure II to the writ petition. The facts stated in the grounds are that the petitioner is a criminal and daring person and in order to get illegal financial benefits, commits heinous crimes in a planned manner, armed with illegal weapons with his accomplices on account of which residents of Bulandshahr area live under fear and terror of the petitioner and do not dare to open their mouth against the petitioner and accomplices and are not able to muster courage to lodge any report. The people at large suffer from ill effects of the criminal activities of the petitioner and his accomplices which also affects prejudicially the maintenance of the public order. The petitioner and his accomplice Riyasat, on 11-9-1997, committed robbery in adaring manner and looted the amount of salary of Government employees in broad day light at pistol point by which an atmosphere of fear and terror prevailed in the locality, residents of which felt insecure and they ran helter skelter to save their life. There was a panic on the busiest road of the town. A short description of the criminal activities of the petitioner and his accomplice has also been mentioned therein as under :1. That on 11-9-1997, at about 11-30 a.m., Shri Brij Bhushan Gupta, Junior Engineer (IV) and Shri Radha Kant Sharma, clerk of Anupshahr Branch of Ganga Canal Division, Bulandshahr, withdrew an amount of Rs. 82,550.00 from State Bank of India, Bulandshahr as salary of the employees of the department and were coming back to their office. When they reached near the Kothi of Dr. S. P. K. Sharma, situate on Delhi Road, two criminals suddenly came from their front side; one of them was armed with a country-made pistol, he fired at the aforesaid employees and another criminal entered into a scuffle with them. Both the employees felt nervous due to this sudden attack; the two criminals snatched the bag and ran away towards the Central School. On account of this activity in which the Government money was looted in broad day light on the main road of the town, a panic was created, the shop keepers and passers by were stunned and were seen running for their security; some persons closed their doors, fear and commotion prevailed. At that time the Inspector in-charge Police Station Kotwali with police force on a jeep appeared at the place of occurrence. Brij Bhushan Gupta gave them information about the occurrence. The Inspector in-charge immediately gave signal to send more police force and he also entered into chase and search of the criminals. Report of this occurrence was lodged at Police Station Kotwali, Bulandshahr and was registered as case crime No. 679 of 1997, under S. 394, IPC.
(3.) Both the aforesaid Government employees and the Inspector in-charge and the police force accompanying him, proceeded towards the side in which the criminals had run away. Additional police force also reached. Police made an elaborate arrangement for arresting the culprits and chased them from all the sides. When the police force reached All Saint Public School, some persons informed that two criminals with a bag have crossed the railway line and have run towards agricultural fields. The Inspector in-charge and the police force when reached near the grove of Ram Pal Singh, they located the two culprits; the Police cautioned, chased and surrounded them. The culprits fired at the police party but the police force kept their courage and arrested the culprits at 1-15 p.m. near a Juvar field where the two culprits had suddenly fallen down near the place where bricks were lying. Out of the two persons arrested, one was the petitioner Wali Mohammad and another was Riyasat. Brij Bhushan Gupta and Radha Kant identified them in presence of the Inspector in-charge and informed him that these two persons snatched the money kept in the bag. The bag was recovered from Riyasat with the entire money of Rs. 82550.00. An illegal knife was also recovered from him. From the possession of the petitioner a country made pistol of .315 bore with empty cartridges in its barrel and two live cartridges were recovered. The recovery memos were prepared separately in respect of the money recovered and the illegal fire-arms on which basis cases were registered as Case Crime No. 680 of 1997, under S. 307 IPC, Case Crime No, 681 of 1997, under S., 25 of the Arms Act against Wali Mohd. and case Crime No. 682 of 1997, under S. 4/25 of the Arms Act was registered against Riyasat. After investigation charge sheets were submitted in and are under consideration of the Court. On account of the recovery of the amount in case Crime No. 679 of 1997, under S. 394, IPC, S. 411, IPC was also added. In this case also after investigation charge sheet has been submitted in Court which is under consideration.2. On account of the criminal activities of the petitioner and his companion during the police encounter, the persons who were working in fields and passers by were under fear and terror which affected the public order badly and there was serious breach of law and order.3. On 2-9-1997, at about 9-15 a.m., an amount of Rs. 8500.00 was forcibly snatched from Mukesh, son of Suresh Chand, resident of Mohalla Fatehganj, district Bulandshahr while he was proceeding on cycle to his shop in New Grain Mandi near Anup Shahr Adda, by three criminals who came in a blue scooter. As the criminals possessed fire-arms, the victim could not face them and they escaped successfully but the victim and the witness recognized the culprits.A report of this occurrence was lodged as case Crime No. 105/299/97, under S. 356, IPC.;