Allahabad HC Upholds Detention Order of Accused Who Allegedly Murdered a Mahant
Last week, the Allahabad high court affirmed a detention order against a guy accused of murdering a Hindu mahant, his pupil, and his son while they were sleeping. The detention order was affirmed by a bench of Hon'ble Justice Ramesh Sinha and Hon'ble Justice Narendra Johari, who noted that assassinating a religious Erwin. He is asleep at the same time, strikes at the heart of governmental power, and is directly linked to public order. As a result, the alleged offense was not intended at a specific individual, but rather at the whole public. All the above comments were made in the habeas corpus petition from which the correctness and the validity of the order have been challenged which was dated om 25.10.2020 and the order was passed by the DM, Hardoi.
The petitioner allegedly proposed affiliating three people: Mahant of the Hulasi Bagiya Ashram Baba Heeradas, his student Meeradas, and his son Netram. The three accused were allegedly advised by the petitioner to murder the victims, to commit the crime the bricks, stone and the butt of a country-made pistol was used. And also, further, it was alleged that due to all these things the incident, the public order was disturbed in that area.
As per the prosecution, the main accused was the (Rakhspal) and it was decided by the petitioner to make the forged will so that to take over the whole property of the ashram. Later, when the accused was discovered that mahant had already willed the ashram land to his disciple, and then at that time the accused had decided that to finish all the three victims so that there were no left claimants.
Court’s observation and order-
According to the court, even if there is one isolated incident then that incident is enough to disturb the public order, and when the news of that isolated incident broke out then the thousands of the villages will be gathered at that scene, so that they get to know that what is the incident happened and all. And then the bench noted that the panic and the fear have prevailed, and everyday life in the village was paralyzed only because of these types of isolated incidents the result will come as a disturbance in the public order tranquillity.
The Detaining Authority’s apprehension was well-founded according to the bench and therefore if in any of the cases the detention order is scrapped then because of that the maintenance of the public order would definitely get disturbed.