B. C. Ray, J. - (1.) These two appeals by special leave are against the order passed on Feb. 14, 1985 by the High Court of Allahabad dismissing the Writ Petition No. 5806 of 1984 and Writ Petition No. 5805 of 1984 as well as Writ Petition No. 309 of 1985 whereby the order of detention passed against the appellants on Oct. 1, and Oct. 20, 1984 respectively under S. 3(2) of the National Security Act, 1980, was upheld as legal and valid.
(2.) The copy of the order of detention as well as the grounds of detention and the first information report on the basis of which the detention order was made were served on the appellants at the time of their detention. The grounds of detention are as follows:- "On 25-9-1984, Shri Surya Kumar, son of Shri Vishwa Pal, resident of 33, Babuganj, P. S. Hasanganj, District Lucknow, lodged a report at page No. S. Hazratganj, Lucknow that on 15-9-1984 there was a tender for the supply of ballast in P.W.D. in which tenders had been submitted by him in K. P. Singh's name. You keep share with K. P. Singh. On account of your and K. P. Singh's terror no other person submits any tender against you people for which reason you people obtain tenders at rates of your choice. If any other person submits his tender you and K. P. Singh terrorise him. On account of the rates of his tender being lower on 15-9-1984, the tender of the complainant was accepted in one group and in the remaining groups the tenders of K. P. Singh etc. were accepted. For this reason you and K. P. Singh bore a grudge against the complainant. On 25-9-1984 at about 3.45 p.m. when Surya Kumar was going, in connection with his tender, in his Ambassador Car No. USS-7418, accompanied by his brother-in-law, opposite to the National Highway Khand, he saw some contractors. On reaching near them the complainant had just started talking to them, when suddenly in two cars, you with a pistol, Phool Chand with a revolver, Jaleel with a revolver, Ashok with Desi Katta, Ashok Sonkar and Saarif with hand. grenade and Shankar Dey with a gun along with three other persons came and with intent to kill the complainant fired at the complainant, threw hand grenades which fell on the car of the complainant. Consequently, there was a commotion. Traffic was obstructed and public tranquillity was disturbed. The complainant immediately saving his life took flight in his car. On the above information by the complainant a case FIR No. 1034 was registered at police station, Hazratganj against you and your other companions under Sections 147, 148, 149, 307, I. P. C. and S. 6 of Explosives Act and after investigation a charge-sheet No. 279 has been put up against you for the said offence. I have also been put up against you for the said offence. I have also come to know that on your behalf an application for grant of bail has been moved in a competent court, therefore, in case you come out on bail from the jail you will again start activities causing breach of public order. On the abovesaid grounds, I have been satisfied that there is possibility of your acting in a manner prejudicial to the maintenance of public order and in order to prevent you from so acting, it is necessary to detain you."
(3.) The said order of detention was duly approved by the State Government under S. 3(4) of the National Security Act. The appellants made representation against the grounds of detention. The representations were rejected by the Government and the same were communicated to the appellants by the Joint Secretary, Vigilance and Home Department, Government of U.P. On Nov. 26, 1984, the Secretary, Vigilance and Home Department, Government of U. P. informed the appellants that the Government after considering the report of the Advisory Board had confirmed the order of detention and directed that the appellants be detained for a period of 12 months with effect from Oct. 1, 1984 and Oct. 20, 1984 respectively.;