B.S.CHAUHAN, J. - (1.) A refernce to the larger Bench has been made on the issue as to whether a single incident can be the basis for passing a detention order under the National Security Act, 1980 (hereinafter called the Act), and as to whether the Lucknow Bench of this Court has rightly decided the case vide order dated 30-8-2001 in Writ Petition No. 315 (HC) of 2001 Duksheshwar Singh alias Babbu Singh v. Superintendent, Central Jail, Basti.
(2.) The facts of the case as given in the detention order of the petitioner are that the petitioner along with his associates looted a Bus No. UP 53 L 1442 while going from Basti to Lucknow on 16-3-2001, having a large number oi passengers, at the point of country-made pistol (Katta), threatening the driver of the Bus and the passengers. One passenger was robbed of Rs.5.6 lacs. The driver was asked on gun point to stop the bus and the robbers ran away with the booty. The police came on the spot and the petitioner along with other co-accused fired with Katta, created a panic and terror. An F.I.R. was lodged under Ss. 394/397/307/411, I.P.C. read with S. 7 of the Criminal Law Amendment Act at the Police Station Harraiya. Petitioner was arrested on 21-3- 2001 on the basis of the confessional statement of the co-accused and a sum of Rs. 2.5 lacs was recovered from him. The petitioner was served a detention order dated 3-5-2001 (impugned) while he was in jail and was trying to get the bail from the Court under S. 3(2) of the Act, and the co-accused had been granted bail vide order dated 27- 3-2001.
(3.) The detention order has been challenged on various grounds and particularly that a solitary incident cannot be the basis of invoking drastic provisions of the Act.;