Jagdish Bhalla, J. - (1.) Initially, Writ Petition No. 1107 (MB) of 2003, Raghuraj Pratap Singh alias Raja Bhaiya v. State of U.P. and Ors. was filed before this Court and when the hearing was going on, Writ Petition No. 1232 (MB) of 2003 ; Dhananjay Singh v. State of U.P. and Ors. and Writ Petition No. 1206 (MB) of 2003 ; Vimla Devi and Ors. v. State of U.P. and Ors. were also filed. Since the controversy involved in the above three writ petitions was almost identical in nature, all the above mentioned writ petitions have been heard together and are being decided by a common judgment.
(2.) Petitioner of Writ Petition No. 1107/MB/2003, namely, Raghuraj Pratap Singh is a Member of Legislative Assembly from the Kunda Constituency, district Pratapgarh. Petitioner of Writ Petition No. 1232/MB/2003, namely, Dhananjay Singh is also a Member of Legislative Assembly from Rari Constituency, district Jaunpur. Petitioners of Writ Petition No. 1206/MB/2003, namely, Vimla Devi and others are the electorate of Kunda Constituency and are said to be eligible to cast vote for electing a Member of Legislative Assembly. They in support thereof, have annexed copy of the voter list and identity card issued by the Election Commission of India.
(3.) Petitioner, Raghuraj Pratap Singh, is in judicial custody under the Prevention of Terrorism Act, 2002 (hereinafter referred to P.O.T.A.) and other criminal cases including under the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act (hereinafter referred to as the Gangsters Act). He has filed this present writ petition with the prayer that he should be allowed to participate in the State Legislative Assembly Session which is going to commence from 28.2.2003. He has further prayed that a direction be issued to opposite parties to bring the petitioner to Lucknow so as to enable him to attend the Session of the Assembly and during the continuance of the session, he should be kept in District Jail, Lucknow.;