- (1.) BOTH these writ petitions have been consolidated as they arise out of the same incident. Hence they are being decided together by this judgment.
(2.) THESE petitions u / Art. 226 of the Constitution of India have been filed with a prayer that the court may be pleased to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to release the petitioners at liberty forthwith and further be pleased to quash the detention order passed by the Distt. Magistrate, Ghaziabad on 6 5 97 (Annexure I to the writ petitions). The grounds supplied on the same day (Annexure I to the petitions) contain the allegation that on 10 3 97 at about 12.30 P.M. (day time) on the Meerut Road, bear the Tractor Agency where the traffic is always very congested and constant, Mohd. Tahir, who happened to be the Dy. Chairman of Food Corporation of India Ltd. Trade Union, was ill and was going with his wife Smt. Bala Devi on a rickshaw for hospital. Both the petitioner (Murli Prasad and Rajeshwar Paswan of the two writ petitions aforesaid) arrived there on a motorcycle. They compelled the rickshawala to stop the rickshaw and openly declared that they would teach a lesson for clashing with Sri Hardwari Prasad, the General Secretary of Food Corporation of India Workers' Union, Delhi and fired at Mohd. Tahir, who died on the spot. Even a passer by Mahendra, s/o Mange Ram received pellet injury and fell injured. After this incident, an atmosphere of terror gripped the entire locality and people started running helter skelter leaving their shoes, chappals etc. there. As this was a broad day light incident, all the passers by and the residents of the locality were so grief striken that the public order was totally disturbed and they were running away from the spot in a panicky.
(3.) MOHD . Zuber, brother of Mohd. Tahir lodged the FIR. The high officers of the police deptt.., after receipt of the information arrived there shortly thereafter, and the injured Mahendra was sent for medical examination. The police took the dead body of the deceased Mohd. Tahir in possession and after performing Legal formalities, like panchayatnama etc., got the dead body sealed and sent it for post mortem examination. The shop keepers bear the spot ran away by putting their shutters down. Despite all persuasions, they were not prepared to open their shops and continue their daily normal business.;