- (1.) B. K. Sharma, J. These two habeas corpus writ petitions have been heard together and are feeing disposed of by this common judgment.
(2.) COUNTER-affidavit has been filed by Bansi Dhar Pandey on behalf of State of U. P. A separate counter- affidavit has been filed by Sri Har Bhajan Singh, District Magistrate, Kanpur Nagar. Sri O. P. Singh, Deputy Jailor in District Jail, Kanpur Nagar has also filed a counter-affidavit. Rejoinder-affidavit has been filed on behalf of the petitioner in the aforesaid petitions. Heard Counsel for both the petitioners and also the learned Addl. Govt. Advocate. Nihal petitioner filed habeas corpus writ petition for issuance of a habeas corpus writ and quashing of the order of detention dated 4-11-95 passed by District Magistrate, Kanpur Nagar, respondent No. 3 against him under Section 3 (2) of the National Security Act.
(3.) HABEAS corpus writ petition has been filed by Anjani Kumar petitioner for issuance of a habeas corpus writ and quashing of the order of detention dated 4-11-95 passed by the District Magistrate, Kanpur Nagar, respondent No. 3 against him. An F. I. R. was lodged by constable Sri Jagdish Singh at police station Bajariya, Kanpur Nagar under Sections 147,148,149, 307, 353,1. P. C. and under Section 3/5 of the Explosives Act and Section 7 of the Criminal Law Amendment Act on 25-10-1995 with the allegation that he and other constables were on picket duty on 25-10-1995 at 5. 30 p. m. , that the SHOR (noise) was heard from the side of Shakti Din Hata, that thereupon the police party went to that side and saw that some bad character were quarreling amongst themselves about winning and losing in gambling, that out of them some were Hindus and some were Mohamdans, that Mohamdans being present there were supporting Mohamdan bad characters and Hindus being present there were supporting Hindus bad characters, that Binu and petitioner Nihal attacked on the police party, that Binu threw a bomb upon the police party which exploded on the road though the police party managed to avoid any hurt, that in the meantime Nihal petitioner threw a bomb which exploded on the road injuring informant constable Sri Jagdish Singh, Constable Uma Chandra Pandey, and Constable Gajraj Singh, that as a result of the explosions the atmosphere of fear and terror prevailed amongst the persons present there and they started going to their houses and concealing themselves and shop keepers started closing shutters of their shops and people started running hither and thither, that on the arrival of the police force the bad characters quarrelling with each other were controlled, otherwise the incident would have resulted into a communal riot, that out of the bad characters Anjani Kumar petitioner and Manoj alias Tandon ran away firing while Rama Shankar and three-four others ran away towards Moti Kathi, that as a result of these actions of bad characters in a public place an atmosphere of fear and terror spread amongst the public and the public order was completely disturbed and that the said constables were medically examined and injuries were found on their person.;