I.P.SINGH, J. - (1.) Anil Kumar Singh alias Black Tiger petitioner (hereinafter referred to as detenu) has presented this Habeas Corpus writ petition under article 226 of the Constitution to challenge his detention under the detention Order dt 4-9-1984, passed by District Magistrate, Varanasi under S.3(2) of the National Security Act, 1980 (No. 65 of 1980) (hereinafter referred to as the Act) with a View to prevent him from acting in any manner prejudicial to the maintenance of the public order.
(2.) The detenu was arrested on 24-7-84. He was served with the detention order dated 4-9-84 in District Jail, Varasansi on that very day. The grounds of detention were also served on him simultaneously. Those grounds are three in number. Their English translation is as follows: - 1. On 26-4-84 at 8.p.m. one Shital Prasad Gaur son of late Narootam was sitting at Mohan Medical Stores, in Mohalla Lanka, reading news paper. The detenu fired his katta at him with intention of killing him and actually injured him. Crime case No.102/84, under section 307/506, IPC was registered against the detenu. It was further mentioned therein that Mohalla Lanka is at short distance from Kashi Hindu Vishva Vidhalaya and sufficient crowd stayed in the locality till 8.30 p.m. The said activity of the detenu created tension, terror and fear in the locality and disturbed the public order. 2. On 17-7-1984 Sri Ganesh Chandra Jaiswal was sitting on his Gaddi in Mohalla Ganjgam bari, where money lending business was carried on. The detenu along with his companions arrived there. On the point of pistols and knives committed robbery. Crime case No. 127/84 under section 394/397, IPC was registered against the detenu. It was further mentioned that during investigation, it was brought to light that the above occurrence of 17-7-84 was committed by the detenu and his three companions wherein a sum of Rs. 27,000/- was robbed. The above activity created sense of fear, tension and terror in the above locality and disturbed the public order.
(3.) On 24-7-84 on receiving information about the presence of detenu with an illicit arm at Ahilyabai Ghat, the police arrived there at about 4.00 a.m. to arrest the detenu. On becoming aware of the police party, the detenu prompted his companion Vijai by saying Simultaneously, the detenu fired at the police party with the intention of killing them, but they had a providential escape. The police party managed to arrest the detenu on the spot. Two crime.. cases No. 135, under S.307, IPC and number 36, under S. 25, Arms Act were registered against the detenu. It was alleged that the above activity of the detenu terrified the persons present at the Ghat and they all ran helter-skelter into the adjoining Galis. Public order was disturbed. Learned counsel for the detenu has challenged the above three grounds on different scores. Regarding the first ground, it is pointed out that the FIR of Criminal case No. 102/84, under Ss. 307/506, I P C which was supplied to him is annexure F. It is pointed out that its perusal indicates that it relates to an incident of 17-7-1984 taking place at 8.30 P.M. It is, therefore, argued that the said FIR is not related to the incident of 26-4-84 at 8 P.M. as detailed in ground No.1. With the result that the said ground has no material to base on. ;