MUNNA Vs. STATE OF U P
LAWS(ALL)-2003-4-21
HIGH COURT OF ALLAHABAD
Decided on April 23,2003

MUNNA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.)BY this writ petition under Article 226 of Constitution of India, the sole petitioner Munna has prayed for quashing of the order of the District Magistrate, Kannuaj dated 24-7-2002 directing his detention under Section 3 (3) of the National Security Act (hereinafter referred to as 'the Act' ).
(2.)COUNTER and rejoinder-affidavits have been exchanged and are on record.
We have heard learned Counsel for the petitioner and learned Additional Government Advocate.

It appears from the grounds of detention, a copy whereof is enclosed as Annexure-2 to the writ petition, that on 20-5-2002 at about 9. 15 p. m. one Ballu Khan, resident of Mohalla Birtiyan Uncha, Kasba Chhibramau, P. S. Chhibramau lodged an FIR at P. S. Chhibramau alleging that on 20-5-2002 at about 7 p. m. when his father Mohd. Daraza Khan was sitting in front of his courtyard, the petitioner alongwith Iqbal @ Pappu, Umar, Raja, Raju and Munna arrived with fire-arms and started abusing the father of the informant and on the instigation of Pappu and Raja, they started firing with their weapons causing injuries to the father of the informant. It is also alleged that hearing the sound of fire and shrieks, people of the Mohalla arrived at the spot and they tried to apprehended the petitioner and his associates. On account of that panic was created in the locality. It is also alleged that the associates of the petitioner fired on the people who had assembled there on account of which some of them sustained injuries. On account of the above incident people of the locality felt insecure and a sense of terror was created. The petitioners and their associates thereafter left the spot.

(3.)LEARNED Counsel for the petitioner submits that the co-accused Raju against whom it has been alleged in the FIR that he fired at the deceased, was also detained under the Act alongwith the petitioner. His detention was challenged in Habeas Corpus Writ Petition No. 4848 of 2003 and that writ petition was allowed vide judgment and order dated 31-3-2003 wherein it has been held as under : "in this way we find that the incident related to only law and order problem and the petitioner could be easily dealt with under the Indian Penal Code and the incident had no effect or impact on the public order justifying detention of the petitioner under Section 3 (2) of the National Security Act as it could not provide a rational basis for the preventive detention. Since the incident in question related to the only law and order problem, we hold that the detention order of the petitioner is illegal. "
It is, therefore, contended that the order of detention is illegal as the nature of the act and conduct of the detenue did not disturb the even tempo of life or peace or tranquility of the society and therefore it is not a case where unless the detenu is prevented by way of detention he is likely to act in a manner prejudicial to the maintenance of public order.



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