K.K. Misra, J. - (1.) In both these Habeas Corpus Writ Petitions filed under Article 226 of the Constitution of India, a common prayer has been made for quashing the impugned detention orders dated 2.6.2003 passed by the District Magistrate, Ghazipur, respondent No. 4 under section 3(2) of the National Security Act, 1980 (briefly, the "Act") against the petitioners of these two writ petitions. Hence, they are decided by this common order.
(2.) The detention orders are based upon the same FIR, which is annexed as Annexure-1 to each writ petition in relation to an incident that had taken place on 29.3.2003. In the grounds of detention it is alleged that on 29.3.2003 at about 4.30 p.m. in village Patra, P.S. Khanpur of district Ghazipur, petitioner Abhiram Yadav and his two sons Bachchey Lal and Chhotey Lal as also Bachau Yadav and the petitioner Shyamraj Yadav, all armed with country made pistols, attacked at the house of one Fateh Bahadur Yadav owing to old enmity and fired indiscriminately. As a result, Fateh Bahadur Yadav and his son Vivekanand Yadav were done to death. The other persons sitting there were also chased with an intention to commit their murder and the petitioners and others fired upon them also. It is specifically mentioned in the grounds of detention that petitioner Shyamraj fired upon one Anil but by chance he escaped unhurt. Due to this incident, atmosphere of shock and terror was created in the village. Stillness prevailed and maintenance of public order was badly affected. The incident was largely reported in newspapers. The public in the area became fearful and terrorized. A sense of in security prevailed in the village of the incident and additional force had to be deployed to maintain public order.
(3.) Counter and rejoinder-affidavits have been exchanged.;