S.K.AGARWAL, J. - (1.) THIS petition was preferred in challenge to the order of his detention by the petitioner dated 7 -7 -2003 passed by the District Magistrate, Deoria, Sri Deepak Krishna Verma, the detaining authority.
(2.) THE facts of the case are that an incident of murder of one Gorakh Nath Yadav had occurred in front of his semi -constructed shop where he was sitting on 6 -5 -2003 at 7.15 p.m. A report of this incident was registered at the concerned police station at the instance of one Ravi Yadav on the same day at 8.30 p.m. In the incident this petitioner alongwith six more persons allegedly had participated with fire -arms and bombs. They all came on motor -cycles to the abovesaid place where the deceased was sitting alongwith other persons. The deceased was fired upon and bomb was also hurled on him upon his fall. He died on the spot. The place, where the incident occurred, is claimed to be a public place. A Nursing Home and some shops existed in the vicinity of this place. It is also claimed that the incident caused commotion in the area and the people ran helter -skelter. The shopkeepers too in panic downed their shutters.
(3.) THE only contention raised by learned counsel for the petitioner before us is that the incident simply caused a law and order problem and did not come within the purview of any breach of the public order. It is further stated that when any such incident occurs people normally run away from the place of occurrence and the shopkeepers down their shutters and remains indoors due to fear. The persons, who resides in the locality, also prefers to remain indoor. Therefore, every such incident does not cause breach of the public order ipso facto. Such a situation, is dependent upon the expanse of arms of the disorder, its effect upon even tempo of life of the area. Such facts are not available in this case. The disturbance, if any, was short - lived.;