S.N. Bhargava, J. - (1.) This is habeas corpus petition by Gutkan Kureshi challenging the detention of his brother Alimuddin Alloo son of Nasiruddin Kurashi.
(2.) Notice was issued to the State Government and a reply to the show cause notice has been filed on behalf the State Governments. Arguments were heard, and record of the case was perused.
(3.) The detenu, Alimuddin @ Alloo, was detained vide order dated 2.7.87 (Annexure-1) by the District Magistrate. Sawai Madhopur, mainly on the ground that his acts were prejudicial to the maintenance of public order. His order of detention was approved by the State Govt, vide order dated 10-7-1987 (Annexure-2) The matter was placed before the Advisory Board which also confirmed his detention and a final order was passed for detention of the detnu for the period of 12 months from 15-7-1987 to 14-7-1988 vide order dated September 1 1987 (Annx. 4). The grounds for detention, as mentioned in Annexure-3, relate to the following instances : (a) The detenu alongwith his other associates inflicted injury to Samiuddin, and on the report dated 23-4-1982, a case was registered by the police under section 147, 341, 323 and 324 IPC of which a challan was filed in the court on 21-5-1982. In this case, a compromise had been filed on 9 10.87 and the detenu has been acquitted of charges under section 323 and 324 IPC. The matter now pending relates only to offences under section 147, 148 IPC which is not compoundable. (b) Another incident is FIR No. 236/1983 dated 20-7-83 under section 147, 323, 341 and 371 IPC, about an incident happened two months earlier. After investigation, charge under section 371 IPC was dropped and the matter is still pending trial. (c) The third case relates to FIR No. 257/1983 dated 8-8-83 under section 147, 336 and 323 IPC. In this case also, a compromise has been arrived at on 9-10-1987 (vide Annexure-6) and the detenu has been acquitted of the charge under section 323 IPC. The matter is still pending trial for the remaining charges. (d) The next case relates to FIR No. 312/83 with regard to an incident which took place on 6-9-1983 under section 147, 341, 323 and 325 IPC, wherein also, a compromise has been filed on on 17-9-1987. Charges under section 325, 323 and 341 IPC have been dropped and the accused, including the detenu, have been acquitted of these offences. The case in pending trial for the remaining offence i.e. 147 IPC. (e) The next case relates to FIR No 108/85 with regard to an incident alleged to have taken place on 22.4.1985. under section 147, 341, 324 and 323 IPC, wherein also, a compromise has been arrived at on 20th August, 1987 and the detenu has been acquitted of the charges under section 323, 341 and 324 IPC. The matter is still pending for trial only under section 147 IPC. (f) The other case relates to FIR No. 161/86 under section 147, 148, 392, and 323 IPC, In which challan was filed on 30.6.198 and the case is still pending trial. (g) Another case relates to FIR No. 162/1986 registered with regard to an incident dated 9 6.86, under section 147. 302 and 323 IPC wherein challan had been filed on 17,6.87 and the detenu has been granted bail by the High Court on 7.1.1987 and the matter is still pending trial. (h) The next case relates to FIR No. 99/87 with regard to an incident dated 26.3 87, for an offence under section 341 and 504 IPC. In this case, incident had taken one month earlier. (i) The last incident relates to a complaint filed before the Magistrate, under section 107 and 116 Cr.PC regarding an occurrence dated 14.5.1987.;