VIRENDER ALIAS KALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this petiton has challenged the detention order dated 23rd April, 1999 passed by the Commissioner of Police, Delhi under Sub-Section (2) ofSectoion 3 of the National Security Act, 1980, with a view to preveting him from acting in any manner prejudicial to the maintainance of public order.

(2.) It is alleged that the petitioner after completing his graduation joined Delhi Tourism Development Corporation as a salesman in a wine shop; he had clean previous record; on 18-5- 1997 a case under the Arms Act was registered at Police Station Nizamuddin. He has been in jail for the last two years. While he was confined in jail impugned order of detention dated 23-4-1999 was passed by the Commissioner of Police and served on him on 25-4-1999. On 20-5-1999 he made a representation requesting for revocation of detention order to the Secretary, Ministry of Home Affairs, Government of India, Department of Internal Security, North Block, New Delhi through the Superintendent, Central Jail, Tihar and to the Chairman, Advisory Board. On 8th June, 1999 petitioner was informed that his representation against the detention order addressed to the Central Government has been considered and rejected.

(3.) In the reply filed on behalf of respondents 2 and 3 it is stated that the petitioner being a number of dreaded criminal gang, has propensity to use fire-arms and indulge in violence in public place in pursuit of his objectives. He became a grave threat to the maintenance of public order; out of six cases registered against him he has been acquitted in two cases and four cases are still pending in different Courts. The witnesses in these pending trial cases are under threat and are overawed by the terror unleashed by his gang, thereby he through his gang is deterring people from coming forward to give evidence; it was felt necessary to detain him under the National Security Act, 1980 as there was every apprehension very soon he will be released on bail in all the cases registered against him, and after release he will again indulge in the criminal activities prejudicial to the maintenance of public order. Consequently on 23-4-1999 impugned order of detention was passed.