K.N.Singh, J. - (1.) Brijbasi Pathak, the petitioner, has by means of this petition under Article 226 of the Constitution challenged validity of his continued detention.
(2.) The petitioner is under detention in pursuance to an order passed by the District Magistrate, Allahabad, dated 1.10.1984 issued in exercise of powers under section 3(2) of the National Security Act, 1980, hereinafter referred to as the Act as he was satisfied that the petitioners detention was necessary with a view to preventing him from acting in any manner prejudicial to public order on five different grounds. The grounds - mentioned therein are as follows: (1) That on 19.7.84 in the night at 9: 15 p.m. you along with your associates entered the house of Ravi .Shankar resident of village Chilbila, police station Meja and committed his murder. By your this act the village Chilbila was gripped with terror and the people were terrified which affected the public order adversely. A report of the incident was lodged at the police station by Vijai Shankar under sections 395/ 397, I.P.C. and a case was registered. During investigation the case was converted into 396, I.P.C. on 22.7.82; Chargesheet has been submitted to the Court which is pending trial before the Sessions Judge. (2) On 21.9.82 at 10.00 a.m. Girja Shankar Shukla Station Officer, Police Station Meja, arrested you at Meja Road Bus Stand. On a search of your person, a country-made) 2 bore pistol and two cartridges were recovered. In connection with the incident crime No. 104/ 82 was registered and after investigation chargesheet was submitted against you to the Court but due to fear witnesses did not depose against you as a result of which you were acquitted by the Court. By your this act of moving about in public openly armed with pistol, you caused apprehension in the mind of the people as a result of which public order has been affected adversely. (3) In the night of 9/10 1.83 at about 12.00 a dacoity was committed at the house of Ram Sajiwan Mallah. Ramjeets wife was killed. A report of this incident was lodged at the police station on 10.1.83 under section 460 I.P.C. but after investigation the crime was converted into section 396 I P.C. During investigation your name came into light and you were also identified in the identification proceedings. The effect of your such daring acts has affected the public order adversely. The case is pending trial before the court. (4) On 7.10.83 at about 4.30 p.m. you committed murder of Vishwanath Pathak and Smt. Mahrania who was going with him on a cycle by chasing them on a motor cycle on the road. Meja Khas to Urva near village Chapartala Vishwanath Pathak died instantaneously on the spot while Smt. Mahrani succumbed to her injuries in the hospital. As a result of this incident the locality was gripped with fear and terror. A report was lodged at the police station and after investigation chargesheet has been submitted to the Court on 14.12.83 and is pending trial before the Court. (5) On 18.7.84 at about 3.00 p.m. some enquiry was being held by A.D.O. Panchayat, Rajmani Pandey of Meja block in a matter relating to no confidence motion against Rajit Ram Dubey Pradhan of Gaonsabha. During that enquiry Rajit Ram was attacked by your brother Ram Mani Pathak alias Rabar and Bhola Nath, Ex. Pradhan, and his brother by in this. These present there intervened along with Ram Chandra, brother of Rajit Ram. Pradhan of Gaonsabha, whereupon you got agitated and fired gun-shot on Ramchandra Dubey with the licensed gun of Bholanath with the intention to kill him. As a result of gun-shot injuries Ramchandra Dubey died. This desperate act was committed at 3.00 p.m. in the presence of the general public of the village as a result of which terror and fear was caused which affected public order adversely. On the above grounds the District Magistrate by his order dated 1.10.84 stated that he was satisfied that Brijbasi Pathak was likely to act prejudicially to public order and that it was necessary to detain him for the maintenance of public order.
(3.) The said order was passed under subsection (2) of section 3 of the National Security Act 1980 and the petitioner was detained on 2.10.84. On 22nd September, 1984 the petitioner submitted representation to the State Government but the same was rejected on 20.11.84. On receipt of the recommendation of the advisory board the State Government confirmed the order of detention on 24. 11.84.;