B.L.Yadav, J. - (1.) The present Habeas Corpus Petition is directed against the detention order dated 23.1.85 passed by the District Magistrate, Jaunpur, under Section 3(1) of the National Security Act, 1980, (for short the Act).
(2.) The facts of the case are in a very narrow compass and they are these. The petitioner was earlier detained in the year 1982, under section 30) of the Act and he filed a Habeas Corpus petition in this Court, which was allowed on 20.12.82. Again the petitioner was detained by order dated 23.1.85 under section 3(3) of the Act, (Annexure ito the Petition) and the grounds of detention were given in Annexure 2 to the petition. The grounds of detention translated in English are set out below: - (i) You looted a sum of Rs. 10, 569/- from the box of a petrol pump and a charge under section 392 I.P.C. was framed; (ii) On 26.4.82 at about 1.45 P. M. at Badlapur Parao, P. 5. Kotwali, being armed with gun and bomb terrorised the public and attacked the bus No. U. T. N. 6527 and charges framed were under sections 307/427, I.P.C. and the case is pending; (iii) On 7.6.82 at about 6.00 P. M. at Marhiaum Ka Parao, P. 5. Kotwali, you alongwith your friends followed a motorbike and fired at it and a criminal case was pending against you; (iv) On 7.4.83 at about 11.45 A. M. at Harlal Ka Road, you along with your friend armed with rifle and country made pistol etc. attacked Uma Shankar and started enquiring from him about Arjun Yadav and a criminal case under sections 147/452/148/149/ 504/506, I.P.C. was pending; (v) On 27.4.84 at about 9.00 A.M. at Machchli Shahr Parao, you along with your friends attacked Vinod Kumar Singh and threw a bomb and opened fire from your rifle and a case under section 307 I. P. C. was pending against you; (vi) Similarly on 27.12.84 at about 11.15 A. M. at Mohalla Katghara, on the eye of Parliamentary elections, you along with your friends snatched away the bundle of ballot papers from the Presiding Officers and after putting the seal on the same illegally inserted the ballot papers inside the ballot box and a case under section 395 was pending; (vii) On 27.12.84 on the second round of Parliamentary elections at village Muradganj, Polling Booth No. 168, at about 1.00 P. M. you along with your friends armed with pistol and bomb, hit the Presiding Officer and by force snatched away the ballot papers and after putting the seal on them inserted the same in the ballot box and a criminal case under sections 395/397 was pending; (viii) On 27.12.84 at the time of Parliamentary elections, you along with your friends, armed with pistol, created a problem for law and order at a number of polling booths and from different polling stations snatched away ballot papers and after putting seal inserted the same into ballot box and on being resisted by the police of P. 5. Gora Badshahpur, you opened fire along with your friends and a case under sections 395/397, I.P.C. was pending; and (ix) As it was obvious from a report of the Superintendent of Police dated 22.1.85 that you had moved an application for bail and there were sanguine hopes for the bail application being allowed, hence keeping in view your criminal antecedents and as you were acting in a manner prejudicial to the maintenance of public order, hence it was not safe to keep you outside jail and the order of detention was required.
(3.) The detention order was served on the petitioner. The grounds of detention were disclosed to him and in view of section 8 of the Act, he was also directed to make representation against the order of detention to the State Government and his case would be referred to the Advisory Board under section 10 of the Act and in case he wants personally to be heard in view of section 11 (1) of the Act, he should writ clearly in his representation and that he should make representation through the Superintendent, Jail to the State Government. The petitioner made a representation to the Advisory Board on 5.2.85 through the Superintendent, Jail Jaunpur. Again he made another application (Annexure 32 to the Petition) making a prayer that he has been severely beaten by police and he is not in a proper mental condition and he was afraid that he would not be able to represent his case personally in a proper way; Consequently he wants that his friend Sri Shyam Narain Lal may be permitted to represent his case before the Advisory Board.;