B. C. Ray, J. - (1.) This appeal by special leave is against the judgment and order passed by the High Court of Judicature at Allahabad in Writ Petitions Nos. 6823 of 1985 and 6522 of 1985. The facts giving rise to this appeal are as follows:-
(2.) The respondent Kamal Kishore Saini was detained under Section 3(2) of National Security Act, 1980 by an order served on him on 28th November, 1985 on three grounds which are stated hereunder:- (1) That on 4th June, 1985 one Jeet Narain Awasthi, resident of Indira Nagar, Police Station Ghazipur, Lucknow lodged a First Information Report at Police Station Ghazipur that on the night of 4/5th June, 1985 his younger brother Vishnu Narain Awasthi at about 20 hours had left to sleep in house No. 2040 of Indira Nagar, Lucknow occupied by Sri R. S. Raghuvanshi since Sri Raghuvanshi had gone out to Jaunpur, his home town and had entrusted custody of his house to the said Vishnu Narain Awasthi. At 11.00 in the night some persons informed the complainant that his brother had been shot by certain persons and when the complainant reached the spot he found Vishnu Narain Awasthi lying in a pool of blood and he had already died. It is alleged that on the basis of the FIR on 4th June, 1985 Crime No. 101 of 1985 under S. 302 of the Penal Code was registered at the Ghazipur Police Station against unknown accused. The names of the detenus, it is said figured during investigation and the charge-sheet has been submitted in the concerned Court which is pending trial. (2) That on 13th June, 1985 one Baldeo Prasad Awasthi, resident of Ismailganj, Police Station Ghazipur, Lucknow lodged a First Information Report at Police Station Alambagh, Lucknow that his son Ram Kumar and his son-in-law, Nand Kishore had gone to meet an accused in the District Jail where the complainant also reached at about 1.30 p.m. but they could not meet the accused. Ram Kumar and Nand Kishore proceeded towards home on one rickshaw while the other rickshaw was being occupied by the complainant. When they reached a little distance from the Jail, near the residence of the Jail Superintendent, at about 1.45 p.m. Rajiv Hazra and Kamal Kishore Saini, the two detenus and one Anandi Shukla, said to be an accomplice of one Ram Gopal, came on a scooter, stopped it and challenged Ram Kumar, Nand Kishore and the complainant and fired at them. The complainant as also Ram Kumar and Nand Kishore ran helter and skelter when the accused are said to have chased Ram Kumar for about 200 steps and fired twice or thrice as a consequence of which Ram Kumar fell dead on the spot and Nand Kishore as also the rickshaw-puller and the complainant sustained injuries. On this basis Crime No. 222 of 1985 under S. 302/307 of the Penal Code was registered on 13th June 1985 at about 14.30 hours at Police Station Lucknow in which both the petitioners and Anandi Shukla were named. After investigation a charge-sheet has been submitted to the Court which is pending consideration. (3) That on 16th August, 1985 at about 14. 10 hours Head Constable 129 C.P. Balram Pandey of the Reserve Police Lines, Lucknow lodged a First Information Report at Police Station Qaiserbagh, Lucknow that on the same day he was on duty along with other policemen in the Judicial Lock-up, Collectorate, Lucknow. It was alleged that the complainant accompanied by other policemen on duty were bringing back accused after their production in the Court of the Chief Judicial Magistrate, Lucknow. Both the detenus (petitioners) proceeded towards an accused Vijay Pratap Singh, whereupon Vijay Pratap Singh, in panic, tried to retract and turned back when Rajiv Hazra is said to have given a call that it was appropriate time to finish the enemy who was before them as a result of which both the detenus took out their pistols and Kamal Kishore Saini, the detenu, with the intention of killing Vijay Pratap Singh fired at him which resulted in injuries to him and since this incident thither and an atmosphere of terror spread over the area. On the basis of this FIR. Crime No. 450 of 1985 under S. 307/34 of the Penal Code was registered at the Qaiserbagh Police Station on 16th August, 1985 and after investigation, the charge-sheet has been submitted which is under consideration.
(3.) The other detenu Rajiv Hazra was served with a detention order on identical grounds by the District Magistrate. Lucknow.;