A.S.TRIPATHI, J. - (1.) The petitioner has been detained under Section 3(3) of National Security Act, 1980 (Act No. 65 of 1980) (hereinafter referred to as the Act) by an order passed by the District Magistrate, Gorakhpur on 24-3-1992.
(2.) Eleven grounds have been given in the detention order, as under : (1) It has been alleged that on 7-9-1982 at about 11 a.m. the petitioner had beaten one Kapildeo Singh, Clerk in Co-operative Department, for which a case under Section 332, I.P.C. was registered at Police Station Bansgaon. (2) On 24-4-1983 at about 8 p.m. the petitioner was arrested having a gun of different person and a case under Section 25/27 Arms Act was registered. (3) On 25-5-1984 between 11 and 12 in the day the petitioner entered the shop of Sanjay Singh in village Dondhar firing his gun and looted Rs. 500.00 along with sweets, for which a case under Sections 147, 148, 149, 427 and 323, I.P.C. was registered. (4) On 19-2-1985 at about 5 p.m. Sri Sharda Prasad Misra, Sub Inspector of Police Station Bansgaon was on official duty. The petitioner obstructed in his official work for which a case under Section 185, 187 and 353, I.P.C. was registered. (5) On 31-5-1988 at about 9 a.m. one Vinod Kumar was working on his fair price shop in Bansgaon. The petitioner demanded 50 Kilograms of sugar from the shop. On refusal the petitioner had beaten Brij Kishore Singh, cousin of Vinod Kumar and looted Rs. 2500.00 for which a case under Sections 392 and 393, I.P.C. was registered and after investigation chargesheet under Sections 452, 323, and 307, I.P.C. was submitted. (6) On 8-1-1990 at about 9 p.m. it is alleged that the petitioner alongwith Dwarika Singh, Lalji Yadav and Sahab Singh had committed murder of Nand Lal Prasad, Collection Amin, at his residence and a case under Sections 147, 148, 149 and 302, I.P.C. was registered and after investigation chargesheat was submitted which is pending trial before the court. (7) On 26-1-1990 on the report of Nageshwr Yadav, S.H.O. of police station Bansgaon a case under Section 3(1) of Gangsters Act was registered against the petitioner which is also pending trial before the Court. (8) On 9-3-1990 when the petitioner was in custody in connection with a case under Gangster Act and was handcuffed and produced in court at about 2.30. p.m. it the court premises of Gorakhpur he called Sub Inspector, Sri Suryadeo Singh, near him and even being handcuffed assaulted the said Sub Inspector for, which a case under Sections 353, 504 and 506, I.P.C. was registered. (9) On 31-10-1990 at about 7.34 p.m. when Sub Inspector, Sri Nageshwar Yadav went to arrest the petitioner he had obstructed the process of his arrest and fired from his gun, for which a case under Sections 147, 148, 149, 307, 353, 332 and 323, I.P.C. was registered. (10) On 1-11-1990 the petitioner was provided with two arm guards and the petitioner forced the two armguards who were police constables, to sign the blank papers at a lonely place for which a case under Sections 384, and 506, I.P.C. was registered. (11) On 23-3-1992 when the petitioner was under civil prison at Tehsil Bansgaon at about 11.30 a.m. assaulted Tahsildar of Bansgaon and pressed his neck with intention to kill him, for which a case under Sections 307, 332, 504, 506 and 353, I.P.C. was registered.
(3.) On these grounds the District Magistrate, Gorakhpur was satisfied that these activities of the petitioner amounted to breach of public order and accordingly the petitioner was detained under the provisions of National Security Act.;