Vinod Prasad, J. - (1.) DILSHAD, the detenu petitioner, has invoked our extraordinary jurisdiction under Article 226 of the Constitution of India, through the instant habeas corpus writ petition, with the prayer that his detention order dated 2.8.2008, under the National Security Act, 1980 (hereinafter referred to as the Act), ordered by the detaining authority, respondent No. 3, District Magistrate, Ghaziabad, Annexure-1, to the amendment application, be quashed and he be set at liberty.
(2.) THE grounds of detention, as was supplied to the petitioner under Section 8 of the Act and as is narrated in the counter-affidavit filed by the detaining authority District Magistrate, Ghaziabad, respondent No. 3, is reproduced below : "On 18/19.4.2008 in the night, the petitioner, and his associates Anees alias Tulsi, Kaloo, Pyaru, Sirakat all resident of Village Nahali, Police Station Bhojpur, district Ghaziabad alongwith Asif and Hashmat resident of village Todi, 13 Biswa, Police Station Bhojpur, district Ghaziabad committed theft of electricity wire in the forest of village Eesapur. THE petitioner and his associates cut 1050 mt. electricity wires from the L.T. Line of Kandam Singh, three wires of 5 spane, three wires of one spane from L.T. Line of Brahm Singh, measuring 110 mt. Three wires of one spane from L.T. line of Smt. Shikshawati measuring 102mt. One spane wire from L.T. Line of Bhopal Singh and three wire of five spane from the Line of Brahm Singh, measuring 1120mt. At the time of cutting the wire from the line of Brahm Singh, one electricity pole was also fallen down. In this night, the petitioner and his associates committed theft of wire of 25 K.V. Transformer of Mohammad Umar in forest of Village Todi, 7 Biswa. THE first information report in respect of this occurrence was lodged by Sahastrapal Singh, Junior Engineer 33/11 K.V. Electricity, Sub-Station Kilhoda at Police Station, Bhojpur on 1.5.2008, which was registered vide Case Crime No. 96 of 2008 under Section 136 of Electricity Act, 2003. THE investigation of this case was entrusted to Dayanand Singh, who recovered the stolen electricity wire and prepared the recovery memo. On the pointing out of the petitioner on 20.5.2008 at about 11.45 p.m. three bundles of cut wires of Electricity department was recovered from bush near bridge of Bamba and after verification it was found that the recovered wires are stolen wires. In this respect the Junior Engineer Sahastrapal Singh has submitted his comments on 1.6.2008 and the case is under investigation. In the night of 11/12.5.2008, the petitioner and his associates have stolen two wires of two spane from 11 K.V. line of forest of village Eesapur. Three wires of three spane measuring 1000mt. Three wires of three spane from L.T. Line of Ram Charan measuring 630 mt. and one wire of one spane from L.T. Line of Harpal measuring 60 mtrs. THE report of this incident was lodged by Sahastrapal Singh, Junior Engineer on 12.5.2008 at about 7 p.m. which has given rise to Case Crime No. 111 of 2008 under Section 136 of Electricity Act, 2003. During the course of investigation, this case was conducted by Shri Chhotey Lal stolen electricity wires were recovered on 20.5.2008 at about 11.45 p.m. from the Bush near bridge of Bamba in Isaqq Nagar and after verification it was found that the recovered wires are stolen wires. THE Junior Engineer, Sahastrapal Singh has submitted his report on 1.6.2008 in the night of 11/12.5.2008. THE petitioner and his associates cut three wires of two spane from L.T. Line of tubewell of Rasool son of Ashraf measuring 130 mt. and three wires of four spane L.T. Line of Ved Pal Singh measuring 360 mt. THE first information report regarding this incident was lodged on 19.5.2008 by Udaibhan Kushwaha, J.E. 33/11 K.V. Electricity Sub-Station Fareednagar at Police Station Bhojpur, which has given rise to Case Crime No. 124 of 2008, under Section 136 of Electricity Act, during the course of investigation, the recovered stolen wires were sealed and recovery memo was prepared. After investigation, it was found that the cut wires of the stolen wires and J. E. Udaibhan Kushwaha submitted its report on 5.6.2008. In the night of 12.5.2008, the petitioner and his associates had stolen the buffalo of Azad son of Alebel Singh and a Case Crime No. 125 of 2008 under Section 379, I.P.C. was registered on 20.5.2008 at about 12.30. In the same evening, the petitioner was arrested from the forest of Village Eesalpur in the suspected situation of Sohanbeer Singh son of Fakeer Chand resident of Village Eesapur, Police Station Bhojpur, district Ghaziabad and he was sent to the lock-up of Police Station Bhojpur, district Ghaziabad in the night at about 8.15 p.m. After interrogation, the petitioner confessed about the theft of the buffalo of Azad and also stolen wires in relation to Case Crime No. 96 of 2008 under Section 136 of Electricity Act, 2003. A Case Crime No. 218 of 2008 under Section 136 of Electricity Act, 2003 and Case Crime No. 124 of 2008 under Section 136 of Electricity Act, 2003 at Police Station, Bhojpur, District Ghaziabad. THE petitioner also confessed that a part of the stolen wires has been sold by the petitioner and he recovered the stolen wires. THE stolen wires were recovered on the pointing out of the petitioner by Sub-Inspector Ajab Singh, Inspector Incharge Bhojpur, District Ghaziabad. THE recovery memo was prepared. THE recovered electricity wires sent for verification by the Investigating Officers of Case Crime No. 96 of 2008, 112 of 2008 and 124 of 2008 and after verification, it was found that these are the cut wires of electricity department. Due to the activities of the petitioner and his associates supply of the electricity has been interrupted in Village Yusufpur Eesapur, Kilhoda, Raghunathpur, Kalchhina, Bhojpur. THE total population is about 25,000 and the petitioner and his associates have interrupted the supply of essential commodities to the public at large. THE farm of farmers was destroyed and study of the students was also adversely affected. THE public at large also suffered great loss due to non-sanctioning of flournill and incidents of theft increased due to absence of light. THE letters have been received by the J. E. Fareednagar and J. E. 33/11 K.V. Electricity Sub-Station, Kilhoda, and Gram Panchayat Munsufpur and Gram Panchayat Kilhoda. THE people due to non-supply of the electricity wires were installed, as such huge amount belonging to public revenue has been spent. THE activities of the petitioner and his associates created problem of public order. It was an organized act and the same also shows repeating tendency, hence after being subjectly satisfied, the deponent took preventive action against the petitioner under Section 3 (2) of the National Security Act on 25.7.2008." On such facts, District Magistrate, Ghaziabad was satisfied that there were sufficient reasons to detain the petitioner under the Act to desist him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. Hence, the District Magistrate detained the petitioner under Section 3 (3) of the Act vide his order dated 25.7.2008 (Annexure-1 to this writ petition). The grounds mentioned above alongwith other relevant materials were served to the petitioner alongwith the detention order on the same day inside District Jail, Ghaziabad where the petitioner, on that date, was confined. However, for the reason that there were some topographical errors the detaining authority, respondent No. 3, revoked the detention order dated 25.7.2008 (Annexure-1 to the writ petition) on 2.8.2008 and simultaneously passed a fresh order of detention under Section 3 (3) of the Act, on the same date 2.8.08 which detention order is Annexure-1 to the amendment application and is now under challenged in this habeas corpus writ petition.
(3.) THE detention order dated 2.8.2008, alongwith grounds thereof and all connected papers were forwarded to the State Government by the District Magistrate on the same day which was received by it on 4.8.2008. After examining the case of the detenu petitioner in detail, the State Government approved the detention order under Section 3 (4) of the Act, on 8.8.2008, which approval order was communicated to the detenu petitioner on the same day through radio gram and a letter. THE detention order alongwith grounds etc., were also forwarded by the State Government to the Central Government, respondent No. 2, on 11.8.2008, in consonance with Section 3 (5) of the Act. The detenu after receiving detention order and the grounds thereof filed a representation to various authorities on 13.8.2008 through District Magistrate, Ghaziabad. Detenu's representation was received in the office of the detaining authority, through Jail authorities, on the same day. Detaining authority, respondent No. 3, called for comments from Senior Superintendent of Police, Ghaziabad, which was submitted to him on 20.8.2008. Thereafter the detaining authority prepared his comments on 21.8.2008 and forwarded the same to the State Government through special messenger on the same day alongwith the representation of the petitioner and other documents. Detaining authority, on this part, considered detenu's representation and rejected the same on 1.9.2008.;