- (1.) THESE two writ petitions filed under Article 226 of the Constitution of India are directed against the order of the District Magistrate, Ghazipur detaining the petitioners under Section 3 (2) of the National Security Act, (in short referred to as the N. S. A.) because of their involvement in the same incidents. As accusations against both the petitioners are the same and similar evidence has been brought against them, these two petitions have been heard together for the purpose of final disposal pursuant to the agreement of the counsel for both sides. The detention order dated 16-5-2003 has been passed against the petitioner Lalloo alias Lal Banchan Yadav where the detention order dated 30-6-2003 has been passed against the petitioner Bachau Yadav alias Bachchan Yadav by the District Magistrate, Ghazipur.
(2.) FROM the perusal of grounds of detention we find that main allegations against the petitioners are that on 18-3-2003 at about 12. 30 p. m. in village Esopur (Manikpura) at police station Nandganj, District Ghazipur the villagers were busy in celebrating Holi festival. In the meantime, the petitioner Laloo alias Lal Bachan Yadav, real brother of petitioner Bachau alias Bachchan Yadav, Shiv Bachan alias Subachchan Singh, Dinesh Yadav, Vijay Yadav armed with DBBL gun and Lathi came at the residence of Ram Murat Yadav of the village and they found Smt. Santra Devi wife of Bindu Yadav, Suresh Yadav, Shitla Devi and Nandu alias Nandlal Yadav sitting at the door and the petitioners alongwith their companions with a view to commit the murder proceeded towards them. Apprehending about the evil designs of the petitioners and their companions Shitla Devi and Santra Devi cautioned saying that Bachau alias Bachchan Yadav and others were coming and they exhorted Nandu to run away and to escape. On this, the petitioners and their companions became angry and they surrounded above Shitla Devi and opened five arms on her. Shitla Devi suffered injuries and died on the spot itself. Nandu alias Nandlal Yadav who was lying on a cot there, started running away towards the fields with a view to save his life but the petitioners and their companions chased him and caught hold of him in the field and petitioner Bachau alias Bachchan Yadav fired by means of licensed gun of the petitioner Lalloo alias Lal Bachan, consequently Nandu alias Nandlal fell down and died. On account of above incident of double murder on the occasion of Holi, the villagers being panic stricken and due to fear in their minds, started running helter and shelter, consequently the tranquility of the village was disturbed. A report of the incident was lodged by Km. Reeta Yadav at Police Station Nandganj, District Ghazipur and case was registered at Crime No. 237 of 2003, under Sections 147, 148, 149, 302 IPC and Section 7 Criminal Law Amendment Act against the present petitioners and their companions. After investigation, police submitted charge sheet in that case on 25- 4-2003. In the grounds of detention it is further alleged that on 26-3-2003 at about 7. 30 p. m. Santra Devi, daughter-in-law of deceased Shitla Devi was going alongwith her husband's younger brother Suresh Yadav alias Bhanji and sister-in-law Usha Devi in a bus to meet Bindu Yadav,her husband at Ghazipur and when their but stopped at Saheri railway crossing for dropping passengers, in the meantime, Bachau alias Bachchan Yadav and present petitioners and their companions boarded the same bus and using abusive language they threatened her saying that they would not spare her and Suresh alias Bhanji and Usha Devi. They followed above Santra Devi and others with a view to commit their murder saying that they would meet the same fate as of Shitla Devi and Nandu alias Nandlal. Smt. Shantra Devi and her companion managed to run away getting down from the bus and a non-cognizable report No. 37 of 2003, under Sections 352, 504, 506 IPC was lodged in this regard. On 28-3-2003 at about 9. 00 a. m. when Umesh Yadav son of Late Ram Murat Yadav, Ram Janam Yadav and Ramayan Yadav were going in connection with pairvi of a case at Ghazipur, when the bus in which they were going, stopped at Fatehullapur, petitioners alongwith their companions boarded the same bus and seeing Umesh they not only used abusive languages but they also threatened and chased him to commit his murder. Umesh and his companions managed to escape by getting down from the bus and reached Court premises after hiding themselves. A non-cognizable report No. 39 of 2003 was lodged by above Umesh for this on 28-3-2003 at police station Nandganj, District Ghazipur. The fourth incident is alleged to have been taken place on 17-4-2003 in which informant Santra Devi lodged a written report at police station Nandganj, District Ghazipur alleging that on 16-4-2003 she and her brother Ram Nagina Yadav alongwith Ram Dular were going to Ghazipur Court in connection with her case, in front of Court of Chief Judicial Magistrate, Ghazipur at about 2. 00 p. m. present petitioners and their companions met them and seeing Smt. Santra Devi and her brothers, they abused her and attacked with a view to beat but the police officials reached and intervened. At that time petitioners and their companions threatened her to finish her entire family. Smt. Santra Devi hiding herself managed to reach Nandganj at about 5. 00 p. m. but there at the railway station Tiraha Teju Yadav and Amar Nath Yadav were already present and again they using abusive languages gave kicks and fists blows to her. The shopkeepers intervened but at that time above Teju Yadav and others threatened her to finish her and her family if she did not stop pairvi of case. A report at case Crime No. 288 of 2003, under Sections 147, 352, 504, 506, 323 IPC and Section 7 Criminal Law Amendment Act was registered by the police at police station Nandganj, District Ghazipur for this incident. As per the detention order the petitioners and their companions had criminal background and had formed a gang creating terror amongst the members of public of the vicinity on account of which villagers were not ready to depose against them and police has also registered a case at Crime Nos. 292, 293, 294, 295, 296, 297 of 2003, under Section 3 (1) U. P. Gangster and Prevention of Anti-social Activities Act, 1986. It is in the detention order that there were five criminal cases at Crime No. 237 of 2003, under Sections 147, 148, 149, 302, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Crime No. 288 of 2003, under Sections 147, 352, 504, 506, 323 IPC and Section 7 Criminal Law Amendment Act, Non- cognizable Report No. 37 of 2003, under Sections 323, 504, 506 IPC, Non-cognizable Report No. 39 of 2003, under Sections 323, 504 and 506 IPC and Crime No. 293 of 2003, under Section 3 (1) U. P. Gangster and Prevention of Anti-social Activities Act, 1986, all registered at Police Station Nandganj, District Ghazipur and they were trying to be enlarged on bail by moving applications, therefore, if they succeed in getting bail, they would repeat the criminal activities affecting the public order hence the District Magistrate having satisfied himself for their such activities passed the impugned orders against them.
(3.) AS facts and evidence of both the petitions are common, these two petitions have been heard together and are being disposed of by this common order. Counter are rejoinder affidavits have been exchanged between the parties and are on the record.;