G.P.MATHUR, J. - (1.) Initially writ petition No. 16223 of 1992 had been filed by Munney Khan and four others. Subsequently the name of remaining four petitioners was deleted by the order dated 11-5-1992 and separate petitions have been filed on their behalf, since all the five petitioners have been detained in pursuance of orders passed by the District Magistrate, Aligarh on the same day and identical grounds have been furnished to them, they are being disposed of by a common order. Writ petition No. 16223/92 on behalf of Munney Khan shall be treated as leading case as necessary documents have been filed in the said petition.
(2.) The District Magistrate passed an order under S. 3(2) of National Security Act (hereinafter referred to as the Act) on 5/02/1992 stating that he was satisfied that with a view to preventing Munney Khan from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it was necessary to detain him. He accordingly directed the petitioner Munney Khan to be detained in Aligarh jail. The detention order was served upon the petitioner on the same day in jail. The grounds on which the detention order has been passed against the petitioner were also served upon him as required by S. 8 of the Act and they are as follows :- i) In the night intervening 2/ 3/02/1992, Station Officer Yogendra Datt Sharma along with some other police personnel was on patrol duty. At about 23.45 hours, he saw a mini truck standing at the turning of Anoop Shaharroad near village Garhiya Bhojpur in police station Jawan and heard sound of some persons. The police party stopped the jeep and saw that one person had climbed the pole of 11000 Volts power line and was cutting the wire and 5/6 persons on the ground were collecting the cut wire, when the miscreants were challenged they fired upon the police party and the person on the pole jumped to the ground and tried to run away. The police party succeeded in arresting 5 persons on the spot but one of them succeeded to run away. The wire which had been cut from the transmission line was also recovered; ii) a country made pistol was recovered from the right hand of the petitioner which had a fired. empty cartridge in its barrel and live cartridge was recovered from the pocket of the pant. 12 bundle of aluminium electricity wire was recovered from the mini truck. During interrogation, the petitioner admitted that the aforesaid wire had been cut from 66000 Volts Power-line from near village Sunamaye. A case regarding the incident was registered as crime No. 29 of 1992 under S. 147, 148, 149, 307, 379 and 411, IPC and S. 25 Arms Act; iii) On account of the cutting of wire of the transmission line by the petitioner and his associates, the electricity supply to hundreds of factories, State and Private Units, and Commercial Enterprises in the districts of Aligarh and Bulandshahar was affected. The agriculture operation was also affected on account of disruption of power supply. Thus the activities of the petitioner and his associates prejudicially affected the maintenance of supplies and services essential to the community.
(3.) The petitioner gave a representation against his detention to the State Government. The case of the petitioner was referred to the Advisory Board which gave opinion to the effect that there was sufficient cause for the detention of the petitioner. After receipt of the opinion of the Advisory Board the State Government confirmed the detention order.;