- (1.) M. C. Jain, J. The detention order dated 12-3-2003 passed against the petitioner by respondent No. 3 District Magistrate, Gorakhpur under Section 3 (2) of National Security Act, 1980 is under challenge.
(2.) THE grounds of detention are contained in Annexure 2 of the petition. THE detention is based on an incident of murder which took place on 15-11-2002 at about 11. 30 a. m. near Bhatauli Degree College within Police Station Khajni. THE report was lodged the same day at 12. 50 p. m. by Kailash Tiwari brother of the deceased, Lalta Tiwari. THE informant was accompanying his deceased brother when the petitioner, his son Nitesh Kumar Singh alias Rinku Singh and his wife Sudha Singh allegedly appeared. THE petitioner was armed with a gun. He started indiscriminate firing on the road in front of Bhatauli Degree College. When the informant his brother Lalta Tiwari, Manoj, Ashok Kumar and a few others of the market questioned him, he shot dead the deceased Lalta Tiwari on the exhortation of his son and wife. THEreafter, he escaped from the spot with his son and wife, resorting to firing. THE incident created terror in the market. THE shutters of the shops were downed and people around and residents of the area were so much scared that they shut themselves inside their houses. Counter and rejoinder affidavits have been exchanged. We have heard Sri P. C. Srivastava, learned Counsel for the petitioner Sri J. Lal, learned Counsel for Union of India respondent No. 1 and Sri Mahendra Pratap Singh, learned AGA on behalf of respondent Nos. 2 to 4.
(3.) THE foremost argument of the learned Counsel for the petitioner is that the incident did not fall within the category of public order and the detention order is illegal. It has been urged that it is a different question that the petitioner is proceeded against for the alleged offence under the ordinary law of the land but that does not justify his detention under the National Security Act. With the rejoinder affidavit filed by Sudha Singh wife of the petitioner, copy of the bail rejection order dated 14- 7-2003 has been filed to show that this Court has declined bail prayer of the petitioner. In this view of the matter, it is submitted that there could be no justification for arriving at a conclusion by the detaining authority that the petitioner would indulge in criminal activities, in case he was released. Needless to say, the question whether the act relates to law and order or public order depends upon the effect of the act on life of the community. In other words, in case the reach, effect and potentiality of the act disturbs or dislocates the even tempo of the life of the community, then it would be an act affecting public order. Every criminal offence is not always committed under the roof or boundary walls of some premises. The mere fact of an offence being committed at a public place does not justify to take it to be a case of public order. In the instant case, the petitioner allegedly shot dead Lalta Tiwari after a brief altercation when the latter questioned him.;