- (1.) S. K. Agarwal, J. Both these petitioners have filed the aforementioned writ petitions before this Court against their detention under Section 3 (2) of National Security Act, dated 22- 12-2001.
(2.) THE brief facts of the case, as disclosed from the grounds of detention, are that on 30-10-2001 at about 9. 50 p. m. a report was lodged by one Manish Awasthi of Kanpur Nagar at P. S. Nazirabad that his brother Chakresh Awasthi had obtained a Mukhtarnama in his favour from Amul Hitkari, owner of House No. 111/443, Ashok Nagar. THE house was purchased by him from the aforesaid owner. Its possession too was given to him. THEse two petitioners, who are brothers, wanted to take forcible possession of the said house. THEir attempt was desisted by deceased Chakresh Awasthi. On the abovesaid date in the evening at about 7. 00 p. m. when Chakesh Awasthi and his friend Ashu Nigam were engaged in conversation on the first floor of the said house while Ashu's brother Amit and Rewant Mishra were standing outside in the verandah and engaged in some conversation there in the electric light burning at that time Ashok Singh alias Gappu Bhadoria, the petitioner in H. C. Writ Petition No. 12986 of 2002 and his brother Arun Kumar Singh alias Raje Bhadoria, the petitioner in H. C. Writ Petition No. 12983 of 2002, Ajit Singh alias Guddan Bhadoria and his servant Baua Pandey armed with rifle, gun, pistol and revolver arrived here. THEy challenged his brother Chakresh Awasthi and told that they will teach him a lesson for purchasing the house. All the four opened fire upon Chakresh Awasthi. THE witnesses raised an alarm, which attracted to the scene of occurrence the residents of the locality but due to indiscriminate firing by the abovesaid assailants including these petitioners, the witnesses went helter-skelter. His brother suffered serious injuries as a consequence of the abovesaid firing. Ashu Nigum also suffered injuries. This was not the end, the scenario extended further. In order to cause panic in the whole area these persons fired indiscriminately in air to cause further panic. It resulted into instant closure of the shops and the shop-keepers started vanished from the spot. THE traffic on the roads was disrupted. People on road ran for cover to save themselves from any physical harm. THE assailants, believing the two, Chakresh Awasthi and Ashu Nigam, dead, retreated at leisure from the spot. A report was registered on the basis of the abovesaid information at P. S. Nazirabad vide Crime No. 195 of 2001 under Sections 302/307/34 I. P. C. against the two petitioners and their two companions. THE news was widely published by various leading local newspapers. Editorials splashed their anguish on the loss of control on crimes and lamented about the tragedy. True copies of the reports published in daily newspapers 'dainik Jagaran' and 'aaj' dated 31-10-2001 were provided along with the grounds as Annexures 4 & 5 to these petitioners. The Station House Officer, P. S. Nazirabad, had to call additional force for reinforcement of the law and order in the area. He sent emergency message on R. T. Set for the purpose. Entry about this call for additional force was made on G. D. No. 39 at 10. 20 p. m. on 30-10-2001 in the abovesaid police station. Police force from different police stations were sent for deployment in the area around 10. 35 p. m. vide G. D. No. 40 of the same police station. The entry about deployment of the additional force was mentioned in G. D. No. 44 at 10. 30 p. m. on 31-10-2001. All these G. D. entries were appended as Annexures 6, 7 and 8 to the grounds of detention provided to the petitioners. Annexure 9 is the deployment chart of the additional force in the area for the proper and effective maintenance of law and order. The grounds of detention further makes a reference to the letter No. LIU/kanpur-Misc. /2001 dated 31-10-2001 about registration of the said case and its facts. This letter also stated about the feeling of insecurity that visited the local residents of the area after this incident and the extent of damage inflicted to public tranquillity by this daredevilry of the petitioners and their cohorts. He has also requested in this letter submitted to S. S. P. , Kanpur Nagar, that proper arrangement for the maintenance of public order be made promptly. This report is Annexure 10 to the grounds of detention and supplied to the petitioners.
(3.) THE offence was investigated by S. H. O. , P. S. Nazirabad. He recorded the statements of Manish Awasthi, Rewant Mishra and Amit Nigam, the eye-witnesses, under Section 161 Cr. P. C. THEse statements were supplied with the grounds of detention as Annexures 11 & 12. THE charge-sheet submitted by the police against the said four accused persons was given to them Annexure 13 to the grounds. It was further stated that the trial is pending in a Court of law. Ground No. 2 refers to the arrests of Gappu Bhadoria and Guddan. The arrests of the petitioner Ashok Singh alias Gappu Bhadoria and Anit Singh alias Guddan Bhadoria, sons of Betal Singh, were effected at 10. 15 a. m. on 4-11-2001 after disclosing reasons for the same to them. The petitioner Ashok Singh disclosed to the Investigating Officer that he used the licensed gun of Amit in the incident. Ajit Singh alias Guddan Bhadoria also acknowledged use of his licensed rifle in the incident before the Investigating Officer. He also admitted that his brother Ashok Singh, Arun Singh and Baua participated in the incident that occurred on 30-10-2001 in Mohalla Ashok Nagar. He also disclosed that Babu Pandey was possessing pistol of. 315 bore. The recovery of a double barrel gun on his pointing out from House No. 103 MIG Barra-5 was effected. In connection with this recovery an offence vide Crime No. 851 of 2001 under Sections 25/27 Arms Act was also registered at P. S. Naubasta. Copy of the F. I. R. of the Arms Act case was supplied as Annexure 14 to the grounds of detention. The offence was under investigation. It is further alleged therein that in the vicinity, where this double murder incident occurred, there are markets, dense population, main roads and bye lanes. Traffic flow here was round the clock. The firing resorted to by them caused commotion in the traffic, shopkeepers downed their shutters and ran away. The residents of the locality bolted their doors and remained indoor. Public order in this manner was completely disturbed. Since Chakresh Awasthi was an office bearer (General Secretary) of D. A. V. College Union and was nominated President of the Chamanganj area of B. L. P. , his murder caused turbulence amongst the student community of the township. They came out on the street, pelted stones on vehicles, Government and private, and resorted to other unlawful activities in the township to express their anguish and anger. To prevent all these, further additional force was deployed around the colleges and schools of the district. During the funeral procession of Chakresh Awasthi the students pelted stones and damaged vehicles. The news about the repercussions was published in different newspapers of Kanpur City, such as 'dainik Jagaran', 'hindustan Times' and 'amar Ujala'. True copies of these publications were also supplied as Annexures 15, 16 and 17 with the grounds of detention to the petitioners.;