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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
Rajan Roy, Narendra Kumar Johari, JJ.
Sandeep Yadav Thru. Brother Pradeep Yadav - Petitioner
Vs.
Union Of India Thru. Secy. Govt. Of India Mini. Of Home Thru. Joint Secy. (Inernal Secuty.) And Others - Respondent
Habeas Corpus Writ Petition No. - 211 of 2023
Decided On : 05-04-2024
| Table of Content |
|---|
| 1. habeas corpus petitions can challenge preventive detention orders under specific statutory provisions. (Para 1) |
| 2. details of the substantial offense leading to detention. (Para 2 , 3 , 4 , 5) |
| 3. circumstances surrounding the detention order leading to concerns of public order. (Para 6 , 7 , 10 , 11 , 12) |
| 4. judicial observations regarding the nature of the offense and its impact on public order. (Para 20 , 25 , 26 , 30 , 33 , 34) |
| 5. arguments against the application of the detention order citing public order vs. law and order. (Para 21 , 23 , 27 , 28) |
| 6. legal arguments can be founded upon established case law asserting distinctions in public and private order. (Para 22) |
| 7. clinical assessments of public order necessitate recognizing a singular incident's broader societal implications. (Para 24) |
| 8. temporal relevance and the nature of individual acts are critical in grounding a detention order. (Para 32 , 38 , 40) |
| 9. judicial conclusions must establish the exercise of discretion by the detaining authority. (Para 58) |
| 10. the conclusion declaring the detention order illegal. (Para 59) |
JUDGMENT :
Narendra Kumar Johari, J.
1. Heard Shri R.P. Mishra, learned counsel for the petitioner, learned A.G.A. for the State/opposite party Nos. 2 to 4 and Mrs. Pooja Singh, learned counsel for the Union of India/opposite party No.1 and perused the record carefully.
2. This habeas corpus petition has been filed by detenue Sandeep Yadav, S/o Ram Dhani Yadav through his next friend/real brother Pradeep Yadav, assailing the detention order dated 17.05.2023, passed by the District Magistrate, Gonda/Detaining Authority, with prayer to release the petitioner on the ground that the detention order passed under the NATIONAL SECURITY ACT , 1980 (herein after referred as the "Act of 1980”) is illegal, arbirary and bad in the eye of law.
3. The brief facts of the case are that, one Ram Kewal Yadav lodged an F.I.R. under Sections 452 , 302, 379 IPC vide Crime No.008/2023, at Police Station Kotwali Nagar, District Gonda against the petitioner and one unknown person, with contention that the son of informant, namely, Krishna Kumar Yadav, who was working as teacher in Janta Inter College, Itiyathok, Gonda and was residing in the house of Mohd. Sabir Ali on rent. On 28.01.2023 at about 7.35 P.M., he was taking rest in his rented accommodation, when accused Sandeep Yadav with one unknown person entered into the room of his son and started quarreling for demand of money. His son refused to give money, resultantly, the above Sandeep Yadav and his colleague struck the head of his son against the inner wall of the room many times, consequently, his son fell down and died on the spot. Thereafter, the accused persons snatched the money of his son and fled away.
4. On receiving information, the informant came from his village. The date and time of the occurrence has been shown as 28.01.2023, at 07.35 P.M. and the F.I.R. of the case lodged on 29.01.2023, at 4.30 A.M.
5. In furtherance of the F.I.R., the police came in action and arrested the accused Sandeep Yadav and his colleague Jagga @ Jawahar Mishra on 30.01.2023, at 10:10 A.M. During the course of investigation, on the basis of evidence collected, the Investigating Officer added Sections 449 , 380, 411, 201 IPC and Section 3 /25 ARMS ACT and after completion of investigation, submitted charge sheet against the accused Sandeep Yadav under Sections 3 02, 449, 380, 201, 411 IPC and Section 3 /25 ARMS ACT on 27.04.2023. Accordingly, the trial of the case proceeded.
6. On 12.05.2023, the S.H.O., Police Station Kotwali Nagar, District Gonda submitted a report to the Superintendent of Police, Gonda stating that the accused Sandeep Yadav on 28.01.2023, at 3.30 P.M. with intention to creat terror, forcefully hit the head of Krishna Kumar Yadav against the wall of his room and after killing him mercylessly, took money from his pocket and fled away. Before the occurrence, the deceased Krishna Kumar Yadav was taking rest
Preventive detention requires a clear demonstration of how actions disturb public order, not merely law and order, with timely issuance reflecting genuine concern for community safety.
Preventive detention under the National Security Act requires subjective satisfaction of the authorities that the detenue is likely to disturb public order based on gathered evidence and present cond....
Preventive detention under the National Security Act requires clear justification of public order disturbances, adherence to procedural safeguards, and can be validated by prior criminal history.
Point of law: Now the law, as it stands, is that even one solitary incident may give rise to the disturbance of 'public order'. It is not the multiplicity but the fall out of various criminal acts. T....
The detention order based solely on the registration of FIRs and without considering the petitioner's release on bail was not in accordance with the law. The court emphasized the need for the detaini....
The detention order must be based on valid grounds related to public order, and the detaining authority must consider all relevant facts, including the petitioner's release on bail for all offenses.
The detention order under the Gujarat Prevention of Anti Social Activities Act, 1985 must be based on material showing a threat to public order, and the detaining authority must consider all relevant....
The exceptional nature of preventive detention, the importance of considering vital facts, and the distinction between 'law and order' and 'public order' in the context of detention orders.
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