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2017 Supreme(All) 1826

ALLAHABAD HIGH COURT
BEFORE : VIPIN SINHA AND J.J. MUNIR, JJ.
RAMZAN ALI ....Petitioner
Versus
ADHIKSHAK, JANPAD KARAGAR, SHAHJAHANPUR AND OTHERS ....Respondents
(Habeas Corpus Writ Petition No. 41444 of 2017, decided on 14th December, 2017)

Advocates:
Counsel :
Daya Shankar Mishra and Chandrakesh Mishra for the Petitioner; G.A., A.S.G.I. and Dhurva Kant Chaturvedi for the Respondents.

Headnote:National Security Act, 1980—Sections 3(2) and 5-A—Detention order—Law and order vis-a-vis Public order—Legal scope of—Grounds of detention—Mention of law and order alongwith maintenance of public order in the ground of detention would not vitiate the subjective satisfaction of Detaining Authority—No material before Detaining Authority on basis of which said authority could conclude as to likelihood of petitioner being released on bail—An unexplained delay of 9 days on part of Detaining Authority in forwarding detenue’s representation to State Government renders continued detention of detenue bad—As such continued detention of petitioner held illegal—Directions issued. [Paras 44 to 62]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble J.J. Munir, J.—This is a habeas corpus petition seeks to question the continued detention of the petitioner Ramzan Ali (hereinafter referred to as ‘the detenue’) under an order dated 14.6.2017 passed by the District Magistrate, Shahjahanpur (hereinafter referred to as the “Detaining Authority”) under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the ‘Act’). The order dated 14.6.2017 shall hereinafter be referred to as the “detention order”.

2. The detention order has its genesis in an incident that occurred on 12.4.2017 at 6.30 in the evening hours and was reported to the police by the victim one Sri Ankur Saini, Branch Manager, Bank of Baroda, Sindhauli Branch, Shahjahanpur, through a written first information report dated 12.4.2017 and registered by the police at 20:55 hours as case crime No. 740 of 2017, under Sections 147, 148, 149, 323, 307, 341, 353, 352, 427, 506 IPC, P.S. Sindhauli, District Shahjahanpur.

3. The occurrence that moved the sponsoring authority to recommend the petitioner’s detention and finally the Detaining Authority to pass the detention order as per first information lodged by Ankur Saini is to the effect that the informant on 12.4.2017 after winding up all business of the day at his Branch left the bank premises for his home at 6.30 p.m. riding his motorcycle. As he travelled a distance of 1.5 Kilometers from Sindhauli to Shahjahanpur a white coloured Mahindra Bolero SUV overtook him and the driver signaled him to stop saying (words in Hindi Vernacular) **eSaustj lkgc jksdksA**. As soon as the informant pulled up his motorcycle to a halt on his side of the road, 4-5 men alighted from vehicle wielding sticks (Lathi and Danda) and a rifle. The man with the rifle fired upon the informant which was a close miss. His companions wielding the sticks showered Lathi blows on the informant. Thereafter the assailant opened indiscriminate fire. It is further said in the information that informant knew the assailant well. He is the husband of the sitting Pradhan of village Bhatpura Rasoolpur, Ramzan Khan (Pradhan Pati). In the meanwhile, other employees working with the informant in the Branch also arrived and passers by flocked at the scene of occurrence. At this point of time the assailants boarded their vehicle and escaped saying (in Hindi Vernacular) **fd iz/kku dk dke ugha djksxs rks ftUnk ugha cp ikvksxs** . The informant reported that in consequence of the assault two mobile phones owned by him were shattered and he was undergoing medical treatment for the injuries sustained at the District Hospital, Shahjahanpur. It was requested on the basis of the allegations hereinbefore detailed that a case be registered against the accused and they be brought to justice, particularly so, as they had assaulted a Government servant obstructing him in the discharge of his duties by waylaying him while returning from his duties inasmuch as proceeding to his station of work and back home were part of his duty.

4. The petitioner who was wanted in connection with the crime above detailed surrendered in Court on 31.5.2017 and was remanded to judicial custody. He was lodged in the District Jail, Shahjahanpur when the detention order was served upon him alongwith the grounds of detention through the Jail Superintendent.

5. It appears that events of 14.6.2017 happened at almost lightening pace between the sponsoring authority at the various echelons of hierarchy and the Detaining Authority. The process was set in motion by a very copious report that depicts in graphic detail the incident of 12.4.2017 and its immediate impact in the locale submitted by S.H.O. P.S. Sindhauli, District Shahjahanpur to the higher police functionries. The report carries not only details of the incident and its impact but the statements of members of the public who had become chance witnesses as also those who were placed nearby in connection with their business/work or their ordinary place of residence.













































































































































































































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