K.K.Mishra, J. - (1.) In both these Habeas Corpus Writ Petitions filed under Article 226 of the Constitution of India, the impugned detention orders in respect of the petitioners have been passed on the basis of the same case Crime No. 65/03 under sections 147, 148, 149, 302, 307 IPC and section 7 of the Criminal Law Amendment Act, P.S. Kakarvai, district Jhansi, hence, they are taken up together and are disposed of by a common order.
(2.) The detention orders in both the petitions have been passed under section 3(2) of the National Security Act, 1980 (briefly, the Act) by the District Magistrate, Jhansi.
(3.) In the grounds of detention, it is stated that on 27.6.2003 at about 3 P.M. one Vijay Pal Singh alongwith his brother Jitendra Prasad @ Guddu, Mahipal Singh, Indra Pal Singh, Shatrudhan Singh and Ram Pal was playing cards at the door of his house situate in village Dhanaura, P.S. Kakarvai, district Jhansi. The petitioners with one Suresh Kumar Misra and some 0the.' persons armed with unlicensed rifles; guns and pistols came there challenging them and Suresh Kumar Misra with an intention to kill Jitendra Pratap @ Guddu fired upon him with his rifle as a result of which Jitendra Pratap Guddu and Mahipal Singh died on the spot and Indra Pal Singh sustained grievous injuries. It is further stated therein that the petitioners and his associates fired indiscriminately in the air to create terror. Fear stricken villagers ran towards their houses and closed their doors confining themselves inside. Then the petitioners and their associates with an intention to create terror in the locality fired in the air and threatened the villagers not to inform the police as otherwise the same consequence would follow. Thereafter, they went away firing in the air. Due to this incident, silence prevailed in the village. The information of the incident to higher officers was given on R.T. set. Thereupon, police force comprising of different police stations reached the place of incident. It is further stated that due to this incident which was sensational and daring in nature, there was atmosphere of terror and fear and public order in the area was disturbed. PAC was deployed to maintain public order and to create confidence in the people.;