B.L.YADAV, J. - (1.) By this petition under Art. 226 of the Constitution the petitioner has challenged the order of detention dated 15-2-1985 passed under S. 3(2) of the National Security Act, 1980 (for short the Act) by the District Magistrate, Deoria. The impugned order has been passed on the basis of the grounds that the District Magistrate was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the public order the detention of the petitioner was inevitable.
(2.) The grounds of detention as required by Sec. 8 of the Act were communicated to the petitioner. Those grounds translated in English read as follows : - (i) On 3-4-1983 at 10 A.M. in Kachchli Hatta Crossing of Barhaj Bazar you along with your friends killed Rudra Pratap Singh Attal. As a result thereof the persons in the market ran away and the market remained closed for a number of days. Crime No. 91/83 under Ss. 147/148/149/302, I.P.C. was registered and the charge-sheet was submitted to the Court on 6-7-1983. The case is still under consideration. You have threatened the witnesses of the case and they are not daring to come to depose in Court. (ii) On 2-3-1984 at about 6 A.M. on the road going from Barhaj to Suneri you along with your associates attacked Rudal Singh with rifle, gun etc. and thereby injured seriously Kamal Kishore Singh, Sattan Singh, Ashutosh Singh and Rudal Singh. On account of injuries Ashutosh Singh and Sattan Singh died on the spot and Kamal Kishore Singh died in the hospital. As a result thereof the entire Bhulwani Barhaj Road remained closed. A case (Crime No. 24 of 1984) under Ss. 147/148/149/301/302, I.P.C. was registered and the charge-sheet was submitted. On account of your influence the witnesses are not daring to depose in Court. (iii) On 14-12-1984 at about 4 P.M. you armed with fire-arms created terror at the time of the market by firing from country made pistol, thereby a terror was created in the locality and people ran away leaving the shops and the residents closed their doors and Mail Barhaj Road was closed for hours together and after police reached people came out of their houses.
(3.) The petitioner was also directed to make a representation against the order of detention to the appropriate Government. The petitioner had made the representation to the State Government which was in fact placed before the Advisory Board constituted under S. 9 of the Act. The grounds of detention were also placed by the State Government before the Advisory Board as required by S. 10 of the Act. The Advisory Board after hearing the petitioner, as provided under S. 11, submitted its opinion to the State Government to the effect that there was sufficient cause for continued detention of the petitioner. This is how the petitioner is in continued detention.;