R. K.Shukla, J. - (1.) BY this petition under Article 226 of the Constitution of India the petitioner Sanjeev Yadav has challenged the order of his detention dated 6th June 1985 passed under Section 3 (2) of National Security Act (for short the Act) by District Magistrate Agra hereinafter referred to as the detaining authority. A copy of the aforesaid detention order dated 6th June 1985 (annexure-7) with the ground of detention (annexure-8) were served upon the petitioner who was already in jail on that date. This order of detention was approved by the State Government on 14-6-85 and petitioner was communicated of that approval through district authorities on 15-6-85. The petitioner made representation to the State Government through jail authority which was rejected by the State Government on 21-6-85 after due processing. This rejection was communicated to the petitioner on 24-6-85. The State Government referred the detention of the petitioner to the Advisory Board on 17-6-85. The Advisory Board after hearing the petitioner on 17-6-85 submitted its opinion to the State Government on 24-7-85. After considering the opinion of the Advisory Board the State Government confirmed the aforesaid order of detention of the petitioner on 29-7-85.
(2.) THE ground of detention as explained in the counter affidavit of the detaining authority Sri P. K. Misra is an incident dated 9-5-85 wherein the petitioner is alleged to have thrown an acid bottle on one Km. Ranjana Soni with intention to kill or deface her at about 2.45 P. M. while she was sitting in the Examination Hall with other examinees, Km. Ranjana Soni was badly injured. Five other students namely Km. Rashmi Agarwal, Km. Suman Mathew, Km. Kabita Saran of M.Sc. (Final) and Km. Nelu Upadhaya of B. A, II year also received simple burn injuries. Km. Ranjana Soni was a student of M.Sc. II year, in St. Johns College Agra. She was living in a hostel which she had left as the petitioner used to trouble her and started living in the town with her relation. Proceedings under Section 107/117 IPC were started against the petitioner on account of the incident. It is alleged that due to the incident dated 9-5-85 an atmosphere of tenor prevailed in that college as well as in other Colleges also, in examinations particularly amongst girls and their guardians. The injured were sent to hospital. As Km. Ranjana Soni was badly injured she was detained in the hospital and other aforesaid five injured students were released from the hospital after giving first aid. Km. Ranjana died due to those injuries on 1-6-85 and the case crime no. 338 of 1985 was converted from Section 307 IPC to Section 302 IPC.
(3.) ONE more incident dated 4-10-83 was in the back-ground of this incident by the detaining authority when he considered the above incident dated 9-5-85. That incident related to an alleged attempt to demand money by the petitioner from a citizen on pistol point on 4-10-83. According to the detaining authority this occurrence dated 9-5-85 is proved from the dying declaration and post-mortem report of Km. Ranjana Soni and injury reports of the aforesaid five injured apart from the first information report. On the basis of the aforesaid ground the detaining authority passed the aforesaid detention order against the petitioner on 6th June 1985 to maintain public order. In his counter affidavit, Sri P. K. Misra the detaining authority (District Magistrate) has stated unambiguously in paragraphs 3, 13, 17, 19 and 20 that the incident of throwing of acid on Km. Ranjana Soni and others on 9-5-85 affected public order and it was not related to mere law and order.;