Vinod Prasad, J. - (1.) CHALLENGE in this habeas corpus petition, by the detenu petitioner Anjani Kumar Srivastava, is the order of his detention under National Security Act, 1980, (hereinafter referred as the Act) dated 25.9.2008, passed by District Magistrate, Jaunpur / Detaining Authority, respondent No. 2, vide Annexure-2 to this petition.
(2.) THE prejudicial activities which are the grounds for detaining the petitioner are contained in Annexure-4 and a perusal of the same reveals that, on 28.5.2008 Yashwant Pandey alongwith his elder cousin brother Prem Chandra Pandey had gone to the office of Sri Dinesh Chandra Pandey, the then District Inspector of Schools, Jaunpur, to meet him and was having a family chat with him, on the second floor of his office, when at 2.30 p.m., two people came in the said office. THE petitioner vituparising District Inspector of Schools Dinesh Chandra Pandey informed him that his name is Anjani Kumar Srivastava and he is a teacher in Raj Inter College and how dare he (D.I.O.S.) had stopped his salary and college grant. By the time Dinesh Chandra Pandey, D.I.O.S., could pacify, the other accompanied person Sri Prakash Singh, abusing the D.I.O.S. uttered that D.I.O.S. will not understand like this and now they will tell the result of stoppage of salary .He also instigated to shoot dead the D.I.O.S. No sooner thereafter whisking their country made pistols from their pants both, the petitioner and his fellow culprit, opened indiscriminate firing at D.I.O.S., causing him injuries on the head and in the abdomen. Petitioner had shot the D.I.O.S. in his head. Brothers of the victim Yashwant Pandey and Prem Chandra Pandey, raised hue and cry and tried to apprehend the shooters but they were kept at bay at pointed gun and threatening utterances. Both the accused, thereafter, made their escape good. Hue and cry attracted Ram Jawahar Kanaujiya, Assistant Inspector of School, Madan Chandra, Clerk and many others persons at the spot who all had witnessed the incident. Injured Dinesh Chandra Pandey informed his brother Yashwant Pandey that the petitioner was serving because of fraud and he had stopped his salary because of which he (petitioner) had dealt with him like that. Prem Chandra Pandey and Yashwant Pandey alongwith other people transported injured Dinesh Chandra Pandey to the district hospital. Because of day light incident in the office of D.I.O.S. an atmosphere of terror and fear engulfed the locality, and shop owners pulled down their shutters. Yashwant Pandey lodged the F.I.R. of the incident at 3.30 p.m. at P.S. Kotwali, district Jaunpur as Crime No. 897 of 2008, under Sections 307, 504 and 506, I.P.C. and Section 7 of Criminal Law Amendment Act, naming the petitioner and one unknown person (later on came to be known as Sri Prakash Singh) as accused. Investigation of the crime was commenced by Sub-Inspector Sagir Ahmad, who was in-charge Inspector, and he immediately rushed to the spot. Reaching martyr Uma Nath Singh District Hospital, Investigating Officer found, besides informant and Prem Chandra Pandey, many photographers, officers and employees and a lot of crowd. Injured was lying on a stature in emergency ward and was reeling in pain. In the presence of all those people, injured Dinesh Chandra Pandey, informed that the petitioner was a teacher in Raj Inter College, Jaunpur and he alongwith one other person, whose name he did not know, had shot him. When asked for the motive he informed that the motive was stoppage of salary of the petitioner alongwith many other teachers. Besides aforesaid statement, injured also wrote in the yearly diary of the Investigating Officer following words "D.I.O.S. Dinesh Chandra Pandey s/o Nagwa, Brijmanganj, Anjani Shankar, Sonkar r/o Pistol Raj College is a teacher in that college" and had signed it. Section 161, Cr. P.C. statement of informant was recorded the same day and at his pointing out spot inspection was conducted and a site plan was prepared. Three empty cartridges, two pieces of bullets, blood stained mat and table etc. was recovered by the Investigating Officer, from the spot, who prepared its recovery memos and thereafter recorded the statements of witnesses of recovery namely Virendra Nath, Rati Ram and got their signatures on it. While investigation was still on injured lost his life in the District Hospital, Jaunpur regarding which information was given by the ward boy Harish Chandra, at the police station on 28.5.2008, at 7 p.m. and hence crime was converted from Section 307, I.P.C. to one under Section 302, I.P.C., regarding which a G.D. entry No. 47 was also made. Information was sent to Sub-Inspector P. K. Pandey for conducting the inquest on the dead body and a copy of the converted G.D. was also dispatched to the Investigating Officer through a home guard. The Investigating Officer, thereafter recorded the statements of Prem Chandra Pandey and scribe of the F.I.R., Raj Kumar Pandey, at the mortuary itself. On 29.5.2008 Yogendra Prasad Shukla took the charge as S. O. and he himself started conducting the investigation.
(3.) ON 30.5.2008 the said S.O. Kotwali recorded Section 161, Cr. P.C. statements of Vijai Kumar Ram, Akhilesh Maurya, Keshav Kumar Singh, Ram Jawahar Kanaujiya, Madan Chandra and Madhav Ram. The aforesaid statements, revealed complicity of Sanjay Singh, Ravi Singh, Vinay Singh, Shishu Srivastava, Jitendra Kumar Prajapati and Satya Prakash Singh as conspirators socio criminalises in the crime besides complicity of Sri Prakash Singh which fact was further established through the statement of Prem Chandra Pandey. Investigating Officer looked into the inquest and post mortem report which indicated the cause of death to be fire arm injuries. Cross checking of the already recorded call details. in the case diary indicated telephonic contacts between the petitioner and his associates during the entire episode (prior to the incident, at the time of the incident and subsequent thereto). Thereafter Section 161, Cr. P.C. statements of Prem Kumar Pandey and other constables were recorded, who had got the inquest conducted and had carried the dead body to the mortuary. On 2.6.2008, co-accused Sriprakash Singh and Jitendra Kumar Prajapati were arrested by the police and the former accused confessed committing the crime and from his possession, the weapon of assault, a pistol of .32 bore was recovered and on such basis F.I.R. of Crime No. 913 of 2008 under Section 3/25 of Arms Act was registered at P. S. Kotwali against him, in which, after investigation charge-sheet was also submitted. Statements of inquest witnesses Dinesh Singh, Sudarshan Singh, Jai Prakash Singh and Manoj Singh, were subsequently recorded.;