Sabyasachi Mukharji, J. - (1.) Shri Ram Narain Dixit in this petition under Article 32 of the Constitution challenges the detention of Ajay Dixit, his son in the District Jail of Agra, under the National Security Act, 1980. The District Magistrate, Agra passed a detention order and served on Ajay Dixit hereinafter called the detenu under Section 3 of The National Security Act, hereinafter called the Act, on six different grounds. The grounds mentioned therein are as follows:"1. That on 10-4-1981 at 10.30 p.m. you along with your companions surrounded Shri Kanhaiya Lal Sharma resident of Ferozepur and fired at him with the intention of killing him but he escaped slightly. In this connection a case under S. 307 of I. P. C. was lodged with the Police Station and is pending the trial in the court against you. 2. That on date 27-9-82 at 3.10 p.m. you collected goondas in your house in the town of Ferozabad and when the police party reached in order to arrest the goondas you fired at the police party on which a case against you under S. 307/34 of Indian Penal Code is pending the trial in the court. 3. That on date 27-9-82 you were arrested by the police in the town of Ferozabad and a country made Tamancha and two live cartridges without licence were recovered from your possession in respect of which a case against you under S. 25/27 of Arms Act is pending the trial in the court. 4. That on 15-1-83 at 5.00 p.m. you along with your brother shot dead Shri Naresh Paliwal brother of Shri Sanjeev Kumar Paliwal resident of Ferozabad. In this respect a case against you under S. 302 of Indian Penal Code was registered in the Police Station and is pending trial in the court. 5. That on 31-10-83 Shri Sanjeev Kumar Paliwal lodged a report with the Thana Ferozabad (North) that he was carrying, on the profession of photography. 12-13 days before a boy took him away for the, purpose of a photograph to a room where you and your associates were present and you forcibly compelled Sanjeev Kumar Paliwal at the point of revolver to take a nude snap of immoral act being committed by Umesh with Sanjeev Kumar Gupta. In this respect a case against you under Section 342/286 of Indian Penal Code was registered and the same is under trial. 6. That on 26-2-84 at about 5.00 p.m. you along with your associates in the town of Ferozabad attempted to murder by sprinkling kerosene oil and by lighting it with a match box Shri Jai Kumar Jain resident of Ferozabad in order to recover your so-called money in respect of which a case against You tinder S. 307 of Indian Penal Code was registered and is under trial.
(2.) On the above grounds the District Magistrate by his order dated 29-2-1984 stated that he was satisfied that the said Ajay Dixit was likely to act in a manner prejudicial to maintenance of public order and that it was necessary to detain him with the object of preventing him from acting prejudicially to the maintenance of public order. The said order was under Sub-section (2) of Section 3 of The National Security Act, 1980, and the petitioner was detained from 29th February, 1984. On March 14th, 1984 the petitioner submitted his representation to the Advisory Board. On 23rd March, 1984, the State Government rejected the representation of the detenu.
(3.) The petitioner alleged that the procedures and formalities provided under the Act had not been made available and applied in the case of the detenu, The petitioner states that the detenu was (illegally ) detained. and the grounds mentioned in the order were illusory, insufficient and not bona fide and in any case irrelevant for the detention of the detenu for the maintenance of public order. Sub-section (2) of Section 3 of the Act, empowers the Central Government and State Governments, if satisfied with respect to any person, with a view to preventing him "inter alia from acting in any manner prejudicial to the maintenance of public order", it is necessary to do so to make an order directing such person to be detained.;