Vishnu Sahai, J. - (1.) Through this writ petition preferred under Article 226 of the Constitution of India, the Petitioner-detenu Agya Ram Verma has impugned the order dated 25.1.2002, passed by the third Respondent Mr. Hari Ram, District Magistrate, Bahraich, detaining him under Section 3(2) of the National Security Act. The detention order along with the grounds of detention, which are also dated 25.1.2002, was served on the Petitioner-detenu on 25.1.2002 itself and their true copies have been annexed as Annexures-1 and 2 respectively to this petition.
(2.) The prejudicial activities of the Petitioner-detenu impelling the third Respondent to pass the impugned order against him are contained in the grounds of detention (Annexure-2). A perusal of the grounds of detention would show that the impugned order is founded on two C.R's. namely, C.R. No. 382 of 1998 under Sections 504/506, Indian Penal Code of police station Kotwali Nanpara, district Bahraich and C.R. No. 493 of 2001 under Sections 147/148/149/307/302/506/115, Indian Penal Code read with Sections 3(2), 5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 27(3) of the Arms Act of police station Kotwali Nanpara, district Bahraich. Since in our view, a reference to the prejudicial activities of the Petitioner-detenu contained in said C.R. is not necessary for the adjudication of the pleadings contained in paragraph 18 of the petition and those contained in grounds V and VI of paragraph 34 of the petition, on which pleadings this petition should succeed, we are not adverting to them.
(3.) We have heard learned Counsel for the parties. In paragraph 18 of the petition it has been stated thus: "18. That in the next ground, it has been mentioned that the Petitioner had moved an application for bail which was pending in the Court. It has also been mentioned that there was a possibility of repeatedly committing of offence by the Petitioner in future after release on bail. It is necessary to mention here that Petitioner's bail application was refused by the Court of Sessions on 24.12.2001 and at the time of passing detention order, no application of his bail was pending in Sessions Court, but the police people placed a false application before the detaining authority only to obtain detention order and harass the Petitioner: "A photocopy of application placed before the detaining authority is being filed herewith and is marked as Annexure-22 to this writ petition. In ground Nos. V and VI of paragraph 34 of the petition, it has been averred thus: "V. Because there is no likelihood of Petitioner's release on bail as his application was not pending in the Court of Sessions. "VI. Because the bail application of the Petitioner was not moved in the Court of Sessions but the police persons for obtaining detention order against the Petitioner placed forged bail application before detaining authority which was not existing in any Court.;