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2019 Supreme(All) 2352
IN THE HIGH COURT OF ALLAHABAD
RAM SURAT RAM (MAURYA), RAJIV GUPTA, JJ.
Mehboob Ali – Appellant
Versus
Union of India and Others – Respondents
Habeas Corpus Writ Petition No. 319 of 2019
Decided On : 31-05-2019
Advocate Appeared:
For the Appellant : Gaurav Kakkar.
For the Respondent: Sanjeev Kumar Pandey.
The main legal point established in the judgment is the subjective satisfaction of the detaining authority as the basis for a detention order under the National Security Act, 1980, and the consideration of the petitioner's potential release on bail as a factor in the decision-making process.
Headnote:
Habeas Corpus Petition - National Security Act, 1980 - Section 3(3) - 3(4) - 3(5) - Summary of Acts and Sections: The court discussed the application of the National Security Act, 1980, specifically focusing on Section 3(3), 3(4), and 3(5) in the context of the detention order issued by the District Magistrate and its subsequent approval and extension by the State of U.P. The court highlighted the subjective satisfaction of the District Magistrate, the sufficiency of grounds for detention, and the consideration of the petitioner's potential release on bail.
Fact of the Case:
The petitioner filed a Habeas Corpus Petition to quash the orders of detention issued under the National Security Act, 1980. The detention was based on the petitioner's alleged involvement in cow slaughtering and the subsequent violent protest, leading to a disturbance of public order. The petitioner argued that the detention order was mechanically passed and that there was no evidence to prove his complicity in the alleged offenses.
Finding of the Court:
The court found that the detention order was based on the subjective satisfaction of the District Magistrate, supported by police reports, media coverage, and the petitioner's alleged involvement in the incidents. The court rejected the petitioner's argument of false implication and lack of evidence, emphasizing the prima facie establishment of the petitioner's complicity in the alleged offenses.
Issues: The key issues revolved around the validity of the detention order under the National Security Act, 1980, the sufficiency of grounds for detention, and the consideration of the petitioner's potential release on bail.
Ratio Decidendi: The court emphasized the subjective satisfaction of the District Magistrate as the basis for the detention order, the sufficiency of grounds for detention, and the consideration of the petitioner's potential release on bail. The court also highlighted the proximate link between the petitioner's past conduct and the imperative need to detain him.
Final Decision: The writ petition was dismissed, affirming the validity of the detention order under the National Security Act, 1980, and rejecting the petitioner's arguments of false implication and lack of evidence.
JUDGMENT :
1. Heard Sri Gaurav Kakkar along with Sri Saurabh Kesarwani, for the petitioner, Sri Patanjali Mishra, A.G.A. 1st, for State of U.P. and Sri Sanjeev Kumar Pandey, Additional Standing Counsel, for Union of India.
2. This Habeas Corpus Petition has been filed for quashing the orders of District Magistrate (respondent-3) dated 14.01.2019, passed in exercise of powers under Section 3(3) of National Security Act, 1980 (hereinafter referred to as the Act), directing for detention of the petitioner and State of U.P. (respondent-2) dated 23.01.2019, approving the detention order, 22.02.2019, confirming the detention order for a period of three months, from the date of initial order, 10.04.2019, extending detention order for six months and for mandamus directing the respondents to set the petitioner at liberty forthwith.
3. The brief facts which necessitated, action of preventive detention are as follows:-
(a) On 03.12.2018, in morning, In-charge Inspector Subodh Kumar Singh, police station Syana received an information that some parts of the body of cow were found in the sugarcane field of Ex-Pradhan Raj Kumar in jungle of village Mahav. He directed Constable Subham Saini, posted at the police outpost Chingerawathi to go on the spot and verify it on 03.12.2018 at 10:00 hours. Constables Subham Saini and Pradeep Kumar reached the spot and confirmed the news. Then In-charge Inspector Subodh Kumar Singh, SI Subhash Chand along with other police personnel reached the spot. By that time various persons had collected there and began to raise protest against the illegal act of cow slaughtering. The police anyhow pacified them at that place. On the written complaint of one Yogesh Raj, FIR of Case Crime No. 582 of 2018 was lodged, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 295-A IPC, on 03.12.2018 at 12:43 hour, against Sudaif Chaudhary and six others, relating to this incident.
(b) However, the agitated crowd collected the body parts of the cows in a tractor-trolley, came to police outpost Chingerawathi, started raising protest and also blocked the road. Looking to the unusual circumstance created by the violent mob, information in this respect was given to higher administrative and police officers. Sub-Divisional Magistrate, Syana and Circle Officer of police reached there. They tried to assure the crowd on loudhailer that rigorous action would be taken against guilty persons and asked them to remove road blockade as the members of Muslim community had organized three days i.e. from 01.12.2018 to 03.12.2018, a Islamic congregation "Tableegi Iztema" at Buland Shahar, where about 12-13 lakhs people had assembled and after conclusion of that congregation, large number of Muslim persons were returning through that road on their vehicles and road jam was likely to create communal tension. But instead of pacifying, the unruly crowd became violent, started firing and attacked on the police personnel by welding lathi danda. In this firing In-charge Inspector Subhodh Kumar Singh and one Sumit, among the protesters received fatal injury. The mob snatched his licensed pistol and three mobile phones of Subhodh Kumar Singh. The mob broke Government wireless and the police outpost and the vehicles of the administration and police were set ablaze. SI Subhash Chand, SI Suresh Kumar, HCP Driver Ram Asre, HCP Shees Ram Singh, Constables Prem Pal Singh, Satya Praksh Sharma, Deepak, Sandeep Singh Bhadauria, Kapil Kumar, Home Guards Virendra Singh, Prem Prakash and Rajendra Singh received grievous injuries. On the written complaint of SI Subhash Chand FIR of Case Crime No. 583 of 2018 was registered under Sections 147, 148, 149, 124-A, 332, 333, 353, 341, 336, 307, 302, 427, 436, 395, IPC, Section 7 Criminal Law Amendment Act, 1932 and Sections 3, 4 of Prevention of Damages to Public Property Act, 1984 on 04.12.2018 at 2:51 hours.
(c) Remains of cow slaughter were again found in the sugarcane field of Sheeshpal son of Khum
