9911796707
TMI Blog1986 (9) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... ad in respect of the petitioner under section 3(2) of the National Security Act, 1980, hereinafter called the 'Act' on the ground that the petitioner's activities were prejudicial to the maintenance of public order. Several criminal cases had been filed against the petitioner between 3rd January, 1983 to 18th February, 1985. On or about 2nd January, 1985 the order of detention was passed on an incident relating to the exchange of fire between two rival groups. The order states the grounds as follows: 1. On 24.12.1985, between 10 and 10.30. A.M. the subject alongwith Ramashish Bangali, Gulam, Rambriksha armed with Rifle, gun etc. came in Car No. BHG-9372 on Katras Coal Dump and started indiscriminate firing to kill Birendra Pratap Singh a r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 196/83 has already been submitted in this case. 3. Jogta P.S. Case No. 22/84 dated 11.3.84 u/s 147/148, 307/326/353/333/324/325 I.P.C./27 Arms Act. In this case subject and his associates opened fire on police party who went to apprehend Raghunath Singh absconder under NSA. As a result of this indiscriminate firing by him and his associates one Police officer namely Shri R.K. Verma, received serious head injury and is still incapable to work. Charge sheet No. 25/84 has already been submitted in this case. 4. Jogta P.S. Case No. 9/85 dated 18.2.85 u/s 369, 307/323/ 324/ 176/34 I.P.C./27 Arms Act. In this case Sisir Rajan Das, who was coming in a religious procession on the eve of Shivratri and was dancing in the role of Shiva was compel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was referred to the Advisory Board. The petitioner/appellant states that he desired that he should be heard in person by the Advisory Board. The petitioner/appellant submits that he was produced before the Advisory Board but he was not given any hearing. By letter dated 22nd February, 1986 the petitioner/appellant was informed that the Advisory Board had confirmed the order of detention. The petitioner/ appellant thereafter filed a writ petition in the High Court of Patna which was dismissed without any speaking order. The grounds of challenge are all stated in the writ petition as well as special leave petition. The petitioner/ appellant was in detention when the petitioner/appellant was served with the order of detention. There were c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrate filed before the High Court of Patna that the petitioner was absconding from the very day of the issuance of the detention order. There is a statement in the order as follows-D "Subject is already in jail. He is likely to be enlarged on bail. Hence detention order served in jail." According to the District Magistrate when police pressure to apprehend him became heavy, the detenu opted to surrender before the Sub-Divisional Judicial Magistrate on 10th January, 1986 in substantive case to frustrate the service of the detention order. It has been further stated that the service of the detention order had been properly made. Grounds were all indicated. All the documents which formed the basis of detention were supplied to the detenu. Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person in detention were properly considered in the light of the principles noted in the aforesaid decision and especially in the decisions, in Rameshwar Shaw v. District Magistrate, Burdwan & Anr., [1964] 4 SCR 921 and Ramesh Yadav v. District Magistrate Etah and others, [1985] 4 SCC 232 though there was a statement to the effect that the petitioner was in jail and was likely to be enlarged on bail. But on what consideration that opinion was expressed is not indicated especially in view of the fact that the detenu was detained in a murder charge in the background of the facts mentioned before. His application for bail could have been opposed on cogent materials before the Court of Justice. In this case there were grounds for the passing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment is merely an ipso dixit of the officer. If there were cogent materials for thinking that the detenu might be released then these should have been made apparent. Eternal vigilance on the part of the authority charged with both law and order and public order is the price which the democracy in this country extracts from the public officials in order to protect the fundamental freedoms of our citizens. In the affidavits on behalf of the detaining authority though there are indications that transfer of the detenu from one prison to another was considered but the need to serve the detention order while he was in custody was not properly considered by the detaining authority in the light of the relevant factors. At least the records of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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