R.P.SETHI,J - (1.) F .I.R. No. 152, Police Station Sadar Hissar, for offences under Sections 3, 4 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter to be referred to as 'TADA Act') and Section 25 of the Arms Act is alleged to be illegitimately conceived child of the political rivalry between the petitioner and respondent No. 2. By means of Civil Writ Petition Nos. 6223 of 1992, 9975 of 1992, 8321 of 1993 and 7130 of 1993 a prayer has been made for quashing the aforesaid FIR and the issuance of appropriate directions restraining the respondents from harassing the petitioners in violation of Articles 14, 16, 19 and 21 of the Constitution of India. It is prayed that independent enquiry be directed to be held into the alleged illegal arrest and harassment of the petitioner and his family members. Alternatively, it is prayed that FIR be got investigated by an independent agency and that the respondents be restrained from arresting the petitioners in the aforesaid FIR, Annexure P/4.
(2.) PETITIONER Master Hari Singh has contended that he is a political activist and ally of Shri Devi Lal, former Deputy Prime Minister of India and his son Shri Om Parkash Chautala, former Chief Minister of the State of Haryana. He claims to have unsuccessfully contested the election from Adampur Vidhan Sabha Constituency against respondent No. 2 in the elections held in May, 1991. Respondent No. 2 is stated to be the leader of the Congress Party who allegedly prevented all his political rivals from participating in the democratic process of election to the Vidhan Sabha. He is stated to have conceived hostility and hatred against the petitioner and his political party namely Samajwadi Janta Party. It is contended that FIR No. 251 dated 20.5.1991 was got registered against one Balwant Singh, an independent candidate, contesting from Adampur constituency on the allegation that he was found in possession of illicit arms. In the course of investigation of the aforesaid FIR two close relation of Master Hari Singh namely Sher Singh and Suresh were arrested. Several attempts are stated to have been made to arrest the petitioner without any ground and ultimately FIR No. 152 was registered against him and his other Political associates on 11.3.1992. The petitioners claim to have approached the Designated Court and this Court for protection of their fundamental rights as enshrined under Articles 14, 19 and 21 of the Constitution. It is submitted that respondent No. 2 indiscriminately used his political position and got his opponents involved in various offences. Case of Shri O.P. Jindal of Vikas Party has been cited by the petitioner in support of his claim and the rule of political vendetta allegedly let loose by Bhajan Lal, the present Chief Minister of Haryana. It is submitted that the purpose of involving the petitioner, his associates and other political opponents in criminal cases is to create a terror with the object that no one dared to contest the election against respondent No. 2 in future. Registration of the FIR is also claimed to be the result of the mala fides reported to have been conceived by respondent No. 2. It is submitted that even on admitted facts no offence is made out against the petitioners herein. The vires of the notification issued under Section 5 of the TADA Act is termed to have been issued mechanically and without application of mind which is required to be quashed. It is submitted that no terrorist crime worth the name has been committed in the State of Haryana in general and district Hissar in particular. The whole of the investigation is alleged to be violative of Articles 19 and 21 of the Constitution of India, requiring immediate action. In the reply filed on behalf of respondent No. 1, it is submitted that the Government of Haryana had not committed any act of political persecution against the petitioners. It is, however, admitted that Master Hari Singh had contested the Vidhan Sabha election from Adampur Constituency against Shri Bhajan Lal and had in fact polled the highest number of votes from amongst the defeated candidates. Registration of FIR No. 251 of 1991 is admitted but it is denied that the said FIR was registered on account of political rivalry or at the instance of respondent No. 2 FIR No. 152, which is sought to be quashed in this petition, is admitted to have been registered on 11.3.1992 after about nine months from the date of the alleged commission of the offence on the basis of some secret information received. The FIR was initially registered against the petitioner Hari Singh and his nine other accomplices but later on during investigation several other persons had been involved in the crime. Eleven persons had been arrested and number of weapons, as detailed in the written statement, recovered from their possession. Non bailable warrants of arrest in respect of seven more accused are stated to have been issued by the Illaqa Magistrate of Hissar. It is submitted that the petitioners could not be arrested as they had obtained interim anticipatory bail from this Court. During investigation several accused persons made voluntary statements leading to recoveries and that challans against some of them have already been produced under Section 173 of the Code of Criminal Procedure in the Designated Court. A reference is made to the various statements recorded by the investigating agency during investigation of FIR No. 152 to show that the allegations made by the petitioners were without any basis and that the respondent-State was justified to register the case and investigate it. It is submitted that notification under Section 5 of the TADA Act was issued by the respondents after fully applying their mind and seeing the growing menace of terrorist activities in the entire State of Haryana including Hissar District. It is submitted that Hissar being border district of Punjab State, the terrorists have been striking time and again here and incidents like Dargapur bus massacre and Tohana killings are the instances justifying the issuance of notification under Section 5 of the TADA Act. It is submitted that no legal or fundamental right of the petitioners have been violated.
(3.) IN his affidavit Shri Bhajan Lal has admitted that the petitioner along with several other candidates had unsuccessfully contested the last assembly election to the Adampur Vidhan Sabha Constituency against him where- from he was declared elected. It is denied that respondent No. 2 had ever desired to finish the petitioner politically or economically on account of political hostility or hatred as alleged. Respondent No. 2 has claimed to be a staunch believer of democratic values and denied the allegations made against him so far as the instances of enmity towards the petitioner was concerned. It is declared that respondent No. 2 had never entertained any mala fide against the petitioner or attempted to falsely implicate him or his associates on that account. The registration of the case allegedly on account of mala fides has been denied. It is stated that a deep-rooted conspiracy was hatched by the petitioner and his other co-accused to terrorise the voters and capture booths and to eliminate respondent No. 2 during the last assembly elections which has been corroborated during the course of investigation of FIR No. 152 of 1992. Making of press statement (Annexure P/8) with the purpose as alleged by the petitioner has been denied. The allegations of the petitioner Master Hari Singh that he or his family members were subjected to any kind of oppression or persecution have been specifically denied and it has been contended that such allegations have been made only to malign the answering respondent. The use of the TADA by the police indiscriminately against political opponents at the behest of the deponent have also vehemently been denied. The concerned police authorities are reported to have exercised their statutory functions under law with which the said respondent had nothing to do with. The petitioner is alleged to have unnecessarily dragged the answering respondent in the petition in order to malign his image and thereby achieve political ends. The allegations about Shri Jindal and his associates have been termed to be totally irrelevant so far as the decision of the present petition is concerned. The allegations are stated to have been made at the instance of Shri O.P. Jindal and the police is stated to have taken action under law.;