Vinod Prasad, J. - (1.) KAMLESH Pathak, the petitioner/detenu, has questioned the Constitutional validity of his detention order dated 28.1.2009 (Annexure-3), under National Security Act, 1980, (hereinafter referred to as the Act), passed by Detaining Authority, District Magistrate, Auraiya, respondent No. 1, wielding his power, under Section 3 (3) of the Act.
(2.) GROUNDS for petitioner's detention, based on the dossier supplied by the police authorities, as was served to him along with Annexure-3, in compliance with Section 8 of the Act, are that Manoj Kumar Gupta, Executive Engineer, Auraiya was murdered by Shekhar Tiwari, M.L.A. and his socio criminises, regarding which a State wise closer strike was organized by the Samajwadi Party on 25.12.2008. To maintain law and order during that strike, at Tahsil crossing in Auraiya city, police picket headed by in-charge inspector was posted, when at 11.30 a.m., the petitioner accompanied by his brothers Santosh Pathak and Ramu Pathak along with hundred and fifty other persons started tearing off banners and posters in Homganj market. When the local police endeavoured to forbide them from indulging into said lawless disorderly immoral behavior, the mob started pelting stones and iron rods. Warning calls by the police went unheeded and the lawless conglomeration, continued it's stone pelting missile war and marched towards the office of the Circle Officer and Sub-Divisional Magistrate, Auraiya. In the office of Circle Officer furnitures were broken, office records and a motor cycle of constable Vinod Kumar, parked outside, were torched with combustible inflammable petrol. Office record of the Sub-Divisional Magistrate's office was also set ablaze and the furnitures were damaged. To curb such social order damaging activities, additional police force, tear gas squad, P.A.C., fire brigade and police from neighbouring police stations were requisitioned and were pressed into action. Use of tear gas by the law enforcing agencies was protested by pelting of stones and iron pieces which caused injuries to the police personnel Shattering public order, the petitioner and the lawless mob sprinted towards national high way. However, the petitioner along with his twenty five associates, were arrested. Because of such lawless activities, social order of district Auraiya was shattered, shutters and doors of the shops were pulled down, and people started running hither and thither, losing their mobile phones while running, which were seized by the police force and recovery memo, thereof, (Annexure-1 to the grounds of detention) was scribed by S.I. Pati Ram Nagar at the dictation of In-charge Inspector Auraiya. Against the petitioner and his associates F.I.R. of Crime No. 487 of 2008, for offences under Section 147/148/149/307/ 436/336/332/353, I.P.C. and Section 7 of Criminal Law Amendment Act and Section 3/6 of Damage of Public Property Act was registered at 2.35 p.m. on 25.12.2008, itself vide G.D. No. 28 (Annexure-2 to the grounds of detention). Eroding social order by pelting of iron pieces and stones, the petitioner and the mob, injured 7 police personnels who were got medically examined (vide Annexures-3 to 9 to the grounds of detention) in Primary Health Centre, Auraiya. From the perusal of injury reports District Magistrate concluded that, if, the petitioner can cause injuries to the law enforcing agencies while they were discharging their lawful and legal duties of maintaining public peace, law and order, then it was established that a sense of insecurity must have pervaded in the minds of general public detrimental to the public order. Further grounds were that while advancing towards Subhash crossing and reaching Khanpur crossing at the national high way, on 25.12.2008, plying vehicles were stoned by the petitioner and the mob, which was endeavoured to be stopped by the law enforcing agencies, consequently they were also targeted with flying stones and iron pieces missiles injuring three police personnels, (vide Annexures-12, 13 and 14 to the grounds of detention). Roadways bus No. UP 79 B- 0727 was torched by the mob causing panic amongst driver, conductor and passengers who sprinted to take shelter to save their lives, which totally disarrayed the social and public order. The bus was totally burnt. Technical examination of the said bus, by U.P.S.R.T.C. Foreman, was annexed as Annexure-15. National high way was jammed and the police had to use force to arrest the petitioner and his ten associates, for which a arrest memo was also penned down. F.I.R. of Crime No. 487A/08 for offences under Section 147/148/149/307/436/336/332/ 353, I.P.C. and Section 7 of Criminal Law Amendment Act and Section 3/6, Damage of Public Property Act was registered at the police station Auraiya at 3.30 p.m. vide G. D. No. 31, on the same day, which are Annexures-10 and 11 to the grounds of detention.
(3.) SETTING ablaze the bus and Section 161, Cr. P.C. statements of the witnesses in respect of the incident occurred at the office of C.O. and S.D.M. (Vide Annexures-16 to 21), indicated potentiality to disturb public order and even tempo of public life and hence those activities were other grounds of detention mentioned by the Detaining Authority. Further it was also recorded, in the grounds, that the Detaining Authority had perused general diary No. 33 dated 25.12.2008 of 4.15 p.m. and became convinced that the activities of the petitioner had aroused anger and acrimony amongst youths between 18 and 20 years of age and therefore they started tearing off banners and posters and started indulging in hooligan rowdiness. Eight of those boys were arrested by the police under Section 151, Cr. P.C. which further posed public order problem. All the activities of the petitioner and his associates eroded public order of Auraiya city which was recorded in the general diary vide Annexure-22. All the above incidents were also reported with prominence in the daily news papers like Dainik Jagran, Aaj, Hindustan, under various titles, vide Annexures-23 to 23N, which incident reporting affected life of the citizens in whole of the State. P.A.C. was pressed into action to quell the activities of the petitioner vide Annexure-24. It was further mentioned, in the grounds, that respondent No. 2, Detaining Authority also considered F.I.Rs. and charge-sheets of various crime numbers registered against the petitioner (vide Annexures-25 to 30) which indicated disturbing of election process, looting of a petrol pump, snatching of a 303 bore rifle relating to Cr. No. 43/91 (vide Annexure-31) assault and wrongful confinement, (vide Annexures-32 and 33), getting the accused of a murder case freed from lawful custody, (Annexures-34 and 35) and breaching Section 144, Cr. P.C. order, (Annexures-36 and 37). It was further recorded that the petitioner had surrendered on 27.1.2009 in the Court of Chief Judicial Magistrate, Auraiya, and had filed his bail application, Annexure-38, which was rejected by the Court and hence the petitioner had filed bail application before the Session's Judge, (Annexure-39), which was pending and there were every likelihood of the petitioner being released on bail. District Magistrate was of the opinion that if the petitioner is released on bail then he will re-indulge into the activities detrimental to the social order. It was further mentioned in the grounds that a dossier containing above facts had been submitted by the police of police station Auraiya which had also been recommended by Additional Police Superintendent, and Police Superintendent, Auraiya, (Annexure-40) for detaining the detenu/ petitioner.;