- (1.) U. S. Tripathi, J. The above two writ petitions have separately been filed by each of the petitioners challenging their detention order dated 14-9-2002 passed by District Magistrate, Varanasi under Section 3 (2) of National Security Act.
(2.) ALONG with the detention order the petitioner was served with grounds of detention, which disclosed that on 12-7-2002 one Ram Narain Giri R/o Laxmi Kund, P. S. Laxa, District Varanasi along with his sons Raj Kumar Giri and Manoj Giri @ Sonu was returning to his house after seeing Rathyatra Mela. When the above persons reached behind Laxmi Kund Vyayamsala on the Chabootara of Kund, the petitioner Gappu Yadav, Kittu @ Santosh Gupta, Santosh Pathak Raju @ Rajesh Mishra and Lalu all armed with illicit arms surrounded them in a pre-planned manner. On account of old enmity Raju @ Rajesh and Lalu exhorted and on their exhortation petitioners Kittu @ Santosh Gupta, Gappu @ Virendra Yadav and Santosh Pathak with an intent to kill Ram Narain fired on him by their respective arms. Raj Kumar, in order to save his life, ran, but after few steps he fell down in the lane. The above incident was committed by the petitioners and their associates at about 9. 30 p. m. On account of Rathyatra Mela there was great rush on the spot and street lights were on. Several persons saw the occurrence in the street light. On account of incident committed in dare devil manner by the petitioners and their associates the persons on the road started running helter shelter leaving their conveyances. The people of the locality closed their doors, windows and shutters. Due to stampede several persons attending mela were injured. However, Ram Narain took his injured son Raj Kumar to P. S. Laxa where he lodged written report on the basis of which a case at Crime No. 81 of 2002 under Sections 147, 148, 149, 307 IPC was registered. The injured Raj Kumar was sent to S. S. P. G. Hospital Kabir Chaura for medical aid. Huge amount of blood two empty cartridges and one bullet of 315 bore were found on the spot. Condition of Raj Kumar was precarious, therefore, he was brought to Singh Medical Research Center, Maldahiya. Dying declaration of the inured was recorded at 10-25 p. m. who stated about the role and involvement of the petitioners. Again dying declaration of the injured was recorded by the Additional City Magistrate, 1st at 0010 a. m. on 13-7-2002. Ultimately injured Raj Kumar died in Singh Medical and Research Institute. Maldahiya on 13-7-2002 on 1. 45 a. m. Accordingly, the case was altered under Section 302 IPC and 7 Criminal Law Amendment Act. Enraged with the incident the people of the locality, in retaliation started raising slogans against the administration and blocked Godaulia Rath Yatra road. However, they were pacified and blockade was removed. The people of the locality were so terrorized and fear stricken that several political leaders led pressure on the police to arrest the petitioners and their associates and they also blocked Laxa Tri Crossing. In this connection a case at Crime No. 83 of 2002 under Section 341 IPC was registered at P. S. Laxa. Public order was adversely affected on account of incidents in question. The news of incident was elaborately published in daily news papers on 13-7-2002, which again affected public order. The petitioners were in jail in connection with Case Crime No. 81 of 2002 and they were trying to get released on bail. The bail application was also filed through their counsel in the Courts at Varanasi, there was real possibility of the petitioners being released on bail and after release the petitioners would again indulge in similar activities prejudicial to the maintenance of public order. On the above grounds the District Magistrate was satisfied that detention of the petitioners was necessary for the maintenance of public order. Both the petitions are connected with each other and common question of fact and law are involved in it. Therefore, both the petitions are being disposed of by a common order with the consent of parties learned Counsel.
(3.) HEARD Sri I. M. Khan, learned Counsel for the petitioner Gappu @ Varendra Gupta and Sri Samir Jain, learned Counsel for the petitioner Kittu @ Santosh Gupta, learned A. G. A. and learned Standing Counsel for the respondents and perused the record. The petitioners had challenged their detention order on various ground, but the learned Counsel for the petitioners raised only one point that the petitioners were detained on a solitary incident, which was only law and order problem and could be dealt with easily under the Penal Law and that the incident in question had no impact or effect on public order.;