B. N. Katju, J. - (1.) IN view of the opinion of the majority, the petition succeeds and is allowed. We direct the respondents,not to keep the petitioner under detention in pursuance of the order of the District Magistrate, Allahabad dated 10-9-1984, and to release him from custody forthwith unless he is required to be detained in connection with any other case. This is a petition for the issue of a writ of habeas corpus. It has been referred to us for decision as it involved question of law of general importance.
(2.) THE petitioner was detained in Central Jail Naini, Allahabad under the order of the District Magistrate, Allahabad dated 9-8-1984 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act). THE aforesaid order of detention was approved by the State Government under Section 3 (4) of the Act on 18-8-1984. THE petitioner filed habeas corpus writ petition No. 10159 of 1984 challenging the legality of his detention which was admitted by this Court on 21-8-1984. THE order of the District Magistrate, Allahabad dated 9-8-1984 under Section 3 (2) of the Act was subsequently revoked by the District Magistrate, Allahabad by his order dated 9-9-1984 and the District Magistrate, Allahabad passed a second order of detention against the petitioner under Section 3 (2) of the Act on 10-9-1984 which was served on the petitioner in jail on 10-9-1984 along with the grounds of detention and other relevant material. THE petitioner is confined in Central Jail, Naini, Allahabad under this order of detention. The detention orders were passed with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order and the maintenance of supplies and service essential to the community. The grounds of detention are four in number. It is mentioned in the first ground of detention that on 12-6-1983 while auction was taking place at the I. T. I. Factory in Naini, Allahabad, the petitioner armed with pistol and cartridges reached the place of auction and threatened the persons who were present there and were bidding. On receiving information regarding the aforesaid incident Ramakant Misra S. H. O. Police Station Naini, Allahabad along with his staff and witnesses went to the place of auction and objected whereupon the petitioner fired at the police party with the intention of killing them and thereafter ran towards east but he was beaten and caught at about 12.30 p. m. and on a search being taken one pistol, one fired cartridge and four live cartridges were recovered from his possession. Case crime no. 248 of 1983 under Section 307 IPC, and Section 25/27 Arms Act was registered at Police Station Naini regarding the aforesaid incident and after investigation charge sheet was submitted and the aforesaid case is pending in Court. The aforesaid incident created fear in the general public and adversely affected public order.
(3.) IT is mentioned in the second ground of detention that on 11-2-1984 at 11.30 a. m. in village Chak Tejau the petitioner along with his associates armed with guns fired at Ram Chandra Dixit which resulted in his death and looted his gun. The aforesaid incident created fear in the public of the vicinity and adversely affected public order, Case Crime no. 72 of 1984 under Sections 147/149/302/404 IPC was registered at Police Station Naini, Allahabad regarding the aforesaid incident and after investigation charge-sheet was submitted and the case is pending in Count. It is mentioned in the third ground of detention that on 11-9-1984 information was received at Police Station Bara that at about midnight between 10-5-1984 and 11-5-1984 near village Padar close to the tent of U. P. Electricity Board of 33 KV Rewa R?ad Pratap Pur line aluminium wire and other articles valued at Rs. 1,06,000/- were looted by about thirty persons after threatening the Chaukidar by pistols sand was taken away on a truck as a result of which the construction work at 33 KV Rewa Road Pratap Pur line stopped which adversely affected public order. During investigation complicity of the petitioner and the complicity of seventeen others came to light and aluminium wire valued at Rs. 75,t00/- was recovered from the godown of the petitioner. Case Crime no. 31 of 1984 under Sections 395/412 IPC was registered at Police Station Bara regarding the aforesaid incident and after investigation charge-sheet was filled and the case is pending in Court.;