Shivani Pandey-
Allahabad High Court asserted the detention of three men under the National Security Act, 1980 who were accused of burning a young girl alive by spilling petrol on her, leading to her death.
The Bench comprising of Justice Ramesh Sinha and Justice Narendra Kumar Johari observed that on account of a heinous crime, public order was disturbed and parents living in the area had stopped the children from going to school especially, the daughters were forbidden.
On February 1, 2020, a girl, who was B.Sc. third-year student, was called to Ram Naresh Hotel in Raebareli by the petitioners and other co-accused persons and kidnapped. She was transferred to Maruti Omni and made unconscious, using anaesthetic medicine in a handkerchief. Her hands and feet were tied with a rope and she was burnt alive by pouring petrol.
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After investigation, it was established that the petitioner and the co-accused persons had committed the heinous offence.
As the petitioners had appealed for bail before the Hon’ble High Court, there was a high probability of release of the petitioners on bail and to again indulge in such activities which were likely to adversely affect public order, subsequently, the detention by the detaining authority was passed under the Act.
The Detaining Authority passed the challenged order dated August 27, 2020, for detaining the petitioners under Section 3 (2) of the NSA, 1980.
The Court observed that “We are unable to hold that there was no material before the Detaining Authority to conclude, to say that the activities of petitioners can be construed as activities prejudicial to the maintenance of public order, within the meaning of SubSection (2) of Section 3 of the National Security Act, 1980.”