- (1.) V. N. Singh, J. These petitions have been filed for issuance of order or direction in the nature of habeas corpus quashing the detention order passed by the District Magistrate, Kushinagar dated 16-9-2001 and setting the petitioners at liberty forthwith.
(2.) AS contentions of all petitioners are same, hence petition No. 14112/2002 and 14113/2002 and 14934/2002 and 15655/2002 are consolidated for judgment. For convenience this petition No. 14112/2002, Rajesh v. State of U. P. and others, is made leading case. Contention of the petitioners is that while the petitioners were in jail, the detention order dated 16-9- 2001 was passed by the District Magistrate, Kushinagar, which was served on the petitioners alongwith the grounds of detention in respect of the involvement of the petitioners in Case Crime No. 203/2001 under Sections 147 and 304 IPC, registered at Police Station Ramkola on 16-8-2001. During investigation under Section 304 IPC, it was converted later on under Section 302 IPC and Section 120-B IPC. The petitioners were also supplied copy of the report of the Superintendent of Police, Kushinagar and report of the Station House Officer, Ramkola dated 4-9-2001 alongwith the copy of the First Information Report, dated 16-8-2001.
(3.) THE petitioners submitted a representation before the Advisory Board, U. P. Government and Union of India on the ground that the detention order is based on law and order problem and not based on public order and on the ground that the District Magistrate has not applied his mind, while passing the detention order. The representation to the Advisory Board was rejected and the detention order was confirmed by the State Government vide order dated 15-11-2001.;