Misra, J. - (1.) These two connected petitions seek to challenge the orders of detention dated 2nd December, 1982 passed by the District Magistrate, Dhanbad in exercise of powers conferred by sub-s. (2) of S. 3 of the National Security Act, 1980 (No. 65 of 1980) read with notification No. 3183/C dated 15th of October, 1982 of the Government of Bihar.
(2.) Alijan Mian, the petitioner in the first petition, is an employee of the Eastern Coalfields Limited working at Khudia Colliery as a dumper driver. Jadunandan Sah, the petitioner in the second petition, is also a dumper driver in Gopi Nathpur Colliery.
(3.) The object of the order of detention as indicated in the impugned order was to prevent the petitioners from acting in any manner prejudicial to the maintenance of public order. The grounds of detention supplied to the petitioners are in identical terms and they are as follows: "1. That on 15/16-10-82, at about 2.30 A. M. the subject alongwith Jadunandan Sah and 3 others went to Khudia Colliery and dragged one Shri Ram Briksh Chauhan who were witnessing a cultural programme and started assaulting him in presence of large gathering who were there to see the cultural programme. This created great panic and alarm in the area and adversely affected the public order. Hearing the cry Mussafir Chauhan came there but seeing the subject and his associates engaged in the assault of his brother started running away for his life. The subject and his associates, with an intention to establish criminal supremacy and to kill him threw two bombs on him, resulting in grievous injury to Mussafir Singh. This adversely affected the public order and persons who were witnessing the cultural programme started running helter and skelter for their lives. This refers to Nirsa P. S. Case No. 189 dated 6-10-1982 u/s. 307/34 IPC, 3/5 Explosive Sub. Act. Thus the subject acted in a manner prejudicial to the maintenance of the public order. 2. That on 8-11-82, at about 11-30 A. M. the subject alongwith Rambriksh Singh, Jadunandan Mahato and Chandra. Shekhar Singh armed with bombs, gun, etc. went to the house of Ram Naresh Chauhan in Khudia Colliery. One of his associates under the direction and guidance of the subject opened fire on Shri Chauhan resulting in grievous injury to him. Opening of gun fire in a thickly populated residential colony of Khudia Colliery created great panic and alarm in the area and adversely affected public order. This refers to Nirsa P. S. case No. 208 dated 8-11-82 u/s. 307/34 I.P.C. and S. 27 Arms Act. Thus the subject acted in a manner prejudicial to the maintenance of public order. The subject is in jail and is likely to be released on bail. As such the detention order was served in jail. In the circumstances I am satisfied that if he is allowed to remain at large, he will indulge in activities prejudicial to the maintenance of public order. For prevention of such activities, I consider his detention necessary. Shri Alijan Mian is informed that he may make a representation in writing against the order under which he has been detained. His representation, if any, may be addressed to the Deputy Secretary, Home (Spl.) Department, Govt. of Bihar, Patna and forwarded through the Superintendent of Jail, Dhanbad as early as possible.;