K.K.MISRA, J. - (1.) IN both the above Habeas Corpus writ petitions filed under Article 226 of the Constitution of India, a common prayer has been made for quashing the impugned detention order dated 29 -6 -2003 passed by the District Magistrate, Jaunpur, respondent No. 3 under Section 3(2) of the National Security Act (briefly, the Act). The detention order passed in both the cases is based on the same F.I.R.
(2.) THEREFORE , both the petitions are decided by this common order. In the grounds of detention, it is alleged that on 2 -6 -2003 at about 6 p.m. both the petitioners committed the murder of six years' old Pokai, son of Raghunath Yadav resident of village Mustafabad, P.S. Baksha, District Jaunpur and threw the dead body, keeping the same in a plastic bag, in the latrine of vacant quarter in the premises of water tank situate near Sudanipur Bazar. The dead body was recovered on 4 -6 -2003. On the information of Kamla Prasad Yadav an F.I.R. was registered at P.S. Madiyahoo and a case was registered as case Crime No. 278/03 under Sections 302/201 IPC against unknown persons. It is further alleged that in the areas falling under the territorial jurisdiction of P.S. Bakshi and Madiyahoo and nearby places, the people were fear stricken and started feeling insecure about their children. People in the area were so terrorized that they stopped sending their children outside the houses. In mango crop season, the children stopped going to mango groves. The freedom of children was jeopardized. To express their feeling concerning the safety of their children, the public came on streets in protest. On 21 -6 -2003 on Jaunpur -Lucknow road, public protest was organized blocking the road near Sudanipur Bazar, P.S. Madiyahoo, District Jaunpur. The shops were also got closed. Due to this, maintenance of public order was badly affected. Counter and rejoinder -affidavits have been exchanged.
(3.) WE have heard Sri R.B. Sahai, learned counsel for the petitioners and Sri Arvind Tripathi, learned A.G.A.;