K.K.Misra, J. - (1.) In both the above writ petitions, the petitioners have challenged the detention order dated 19.9.05 passed against them by the District Magistrate, Saharanpur - respondent No. 2 under Section 3(2) of the National Security Act. 1980 and their continued detention thereunder.
(2.) The grounds of detention in H.C. Writ Petition No. 78148 of 2005 are contained in Annexure-1 to the writ petition. In the grounds of detention, it is stated that on 31.8. 2005 at about 9.30 in the night, the petitioner Tej Pal and his companions (Lalit-petitioner of H.C. Petition No. 78150 of 2005 and Subhash) removed the transformer with the intention of committing theft of it When the first informant Munir Ahmad saw the petitioners and their companion attempting to take away the stolen transformer on a tractor trolley, he accosted them. Upon this, the petitioners ran away with tractor trolley towards Bamila, leaving the transformer. The witnesses Peetam, Israr and Usman chased them. Then they fired with the intention to kill the witnesses and ran away. An FIR in this regard was registered at P.S. Rampur, as case crime No. 258 of 2005 under Section 379, 511, 307 IPC. The petitioners were arrested on 4.9.2005 and were recognized by the witnesses. Due to the act of the petitioners, the electricity supply in the area was disrupted. Hundreds of acres crops got destroyed due to non-functioning of tube wells. The farmers were annoyed. Due to this act of the petitioners, electric supply which was an essential commodity, was disrupted resulting in breach of public order . In these circumstances, order of imposition of detention upon the petitioners was passed by the District Magistrate, Saharanpur.
(3.) Counter and rejoinder-affidavits have been exchanged.;