- (1.) In this writ petition under Article 32 of the Constitution of India, the mother of the detenu, Shri Praveen Kumar Gupta, has prayed for the quashing of the detention order of her son dated 6/05/1989 passed under Ss. (2 read with Ss. (3 of S. 3 of the National Security Act, 1980, as confirmed by the order dated May 11, 1989 of the State of U. P. on the report of the Advisory Board. There is also a prayer for issuance of an appropriate writ in the nature of habeas corpus directing the respondents to release the said Praveen Kumar Gupta forthwith.
(2.) The grounds of detention, as communicated to the detenu by the District Magistrate, Meerut, are as follows: "That on 30/04/1989 at about 9.15 p. m. at Delhi Road, Kesarganj, P. S. Delhi Gate, Meerut, you along with your other accomplice with the common intention to kill Babli showing your wrath gave him a gun injury and also threatened to give gunshot to those persons who came in his rescue. On the basis of information given by Mohd. Bhura a Crime Case No. 121 was registered against you u/s 307 Indian Penal Code in P. S. Delhi Gate, Meerut, which is pending. By your above misdeed fear and terror was spread in the hearts of public in the markets, Mela Manchandi and in the city of Meerut. Thus you have committed an act which is prejudicial to the maintenance of public order. You are at present in jail and are trying to be released on bail and there is every possibility of releasing you on bail. On the basis of above grounds and reasons I am satisfied that you are likely to indulge in the activities prejudicial to the public order and public life and with a view to prevent you from acting in any manner prejudicial to the public order and public life, it has become necessary to detain you. "
(3.) It is apparent from the grounds of detention that a crime case was registered against him under S. 307 Indian Penal Code and he was arrested and detamed in jail.;