G.Malaviya, J. - (1.) The petitioner has challenged his detention in District Jail Meerut in pursuance of an order dated 7th July, 1990 passed by District Magistrate Meerut against him under section 3 (2) of the National Security Act. The three grounds of detention furnished to the petitioner translated in English are as follow: (i) On 5.4.1990 at about 12 noon In the no confidence motion against pradhan Surendra Singh in village Dastoi, police station Kharkhauda district Meerut Ashok along with his associates armed with lathi, ballam, pharsa and illegal fire-arms arrived at the venue and with a view to terrorise the voters who were in favour of Pradhan, attacked on them with an object to kill them. On account of this incident, a sense of insecurity prevailed in the locality. Surendra pal Singh lodged a report at police station Kharkhauda about this incident giving rise to crime No. 104 of 1990 under section 147, 307, 323, 326, 504, and 506 IPC. After investigation, the charge-sheet has been submitted in the case in which Ashok Kumar has obtained bail; (ii) On 8.4. 1990 at about 10 a.m. (Ashok) with a view to terrorise the management and workers of the Sagar Paper Mill, police station Kharkhauda District Meerut shouted and calling bad-names on the Mill-gate bet Suneel Kumar son of Surendra Pal who was Manager (prabandh-karta) of the Mill. On account of this incident the workers in the Mill promises were terrorized. The report of this incident was lodged by Suneel Kumar on 8.4.1990 which was registered at the police station Kharkhauda under section 323/504 IPC; and (iii) On 3.5.1990, at about 10.30 a.m. Ashok with a view to again terrorise the management and workers of the Sugar Mill formed an unlawful assembly along with his brother Narendra and three other associates and after entering into the Mill premises dragged out Sudhir Kumar from the proprietors office of the Mill and after threatening the Mill-workers with the country made pistol, Ashok son of Mahendra Singh Jath committed the atrocious murder of Sudhir Kumar, on account of this day-light heinous murder in full view of the crowd a sense of fear was generated in the entire area. A report in respect of this incident was lodged by Ved Prakash at police station Kharkhauda which was registered at crime No. 124 of 1990 under sections 147, 148, 149,506 and. 302 I.P.C., after investigation, charge-sheet has been submitted in the said case. Aforesaid Ashok is in Meerut Jail. On account of his terror eye-witnesses Mukesh, Chandra Sharma, Umesh Kumar, Pradeep Kumar, and Harveer Singh have given affidavits against the prosecution in this heinous murder case. Ashok is trying to get released on bail in this case and although his earlier bail application has been rejected by the Sessions court on 18.6.1990, in-view of the changed circumstances, he is likely to be released on bail, on his second bail application, as he has terrorized the eyewitnesses of this crime. As after his release the sense of insecurity would again prevail in the community particularly that of the police station Kharkhauda district Meerut (on account of the past conduct of the petitioner) it would be difficult to maintain the public-order. Since, I am satisfied that you (Ashok) are likely to act in a manner which would affect the maintenance of public order, hence with a view to prevent you from indulging in that type of activity, it is necessary to detain you.
(2.) Admittedly the order of detention was served on the petitioner on 9th July, 1990. There after the petitioner is alleged to have absconded on 27.11.1990. The petitioner is thereafter alleged to have been re-arrested on 18.6.1991 and the petition was thereafter filed in this court in November, 1990.
(3.) We have heard learned counsel for the petitioner and the learned AddI. Government Advocate.;