G.P.MATHUR, J. - (1.) Habeas Corpus Petition No. 5940 of 1996 filed by Taj and Habeas Corpus Petition No. 5942 of 1996 filed by Masrror Alam are being disposed of by a common order as the grounds of detention of the two petitioners are substantially the same and same arguments have been advanced on their behalf.
(2.) The District Magistrate, Moradabad passed an order on 15-9-95 under Section 3(2) of National Security Act (hereinafter referred to as the Act) for detaining the petitioner-Taj with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. An identical order was passed with respect to petitioner-Masroor Alam on 19-8-1995.
(3.) The detention order and also the grounds of detention were served upon petitioner-Taj on the same day i.e. on 15-9-1995 in jail as he was in judicial custody in respect of Case Crime No. 188/95 under Sections 307/452. IPC of P.S.Mughalpura in pursuance of an order of remand passed by a Magistrate on 15-7-95. The grounds of detention are as follows; (i) : Causing injury to Dr. Athar Ali on 8-9-1993 at about 10 a.m. within town along with Sarvar Alam and Masrror Alam and 3 others on which Crime No. 1019/93 under Sections 147/148/149/307/342/120-B, IPC was registered and charge-sheet had been filed on 21-10-93, case is pending in Court. (ii) : Murder of Parvez at 9.15 P.M.on 10-4-1994 by fire-arm by the petitioner along with Sarvar Alam and Masroor Alam causing injury to Parver who died. Case Crime No. 146/94 under Sec. 382, IPC registered, charge-sheet submitted on 2-5-1994. (iii) On 3-2-1994 at 11.30 a.m. petitioner, Sarvar Alam and Masroor Alam threatened Nasim Khan to pay up Rs. 5000.00 on pain of killing him. Case Crime No. 204/94 under Section 386/506, IPC registered, Charge-sheet filed, case is pending in the Court. (iv) On 7-12-1994 at 5.16 p.m. made a murderous attack on Nazim Iqbal witness of Crime No. 1019 of 1993 and Athar Ali by a butt, Case Crime No. 441/94 under Section 307/323, IPC registered. (v) On 11-12-1994 along with Sarwar Alam and Masroor Alam did marpit with Rizwan Khan Crime No. 452/94 under Sections 323/504/506, IPC registered, charge-sheet filed on 7-2-95, case is pending in the Court. (vi) On 10-2-1995 petitioner along with 8 other persons brick batted and fired on the Police Jeep carrying Sri D, P.Jayal, inspector incharge Police Station Moghulpura causing injury to vehicle. Crime No. 79/95 under Sections 147/148/149/307/336/427/435 and 7 Criminal law Amendment Act registered. Matter is under investigation. (vii) : On 29-5-1995 along with some others entered the house of Sabina and fired with the intention of killing his son Alam. Crime No. 180-A/95 under Sections 452/307, IPC registered. Investigation pending. (viii) On the same day 29-5-1995 while Sub-Inspector Sri A.R.Verma was going to the house of the petitioner to arrest him in the above crime, the petitioner and others from the roof fired and brick batted on the police party. Crime No. 181/95 under Section 147/148/149/307/353/336/407, IPC registered. Investigation is pending. (ix) : On 31-5-1995 Inspector Sri D.P.Jayal, got a case Crime No. 183/95 registered under Section 3(1) U.P.Gangestors Act against the petitioner, under investigation. (x) : On 14-6-1995 while accompanied by 6 others named persons shot dead Dr. Athar Ali at about 5.30 a.m. Crime No. 192/95 under Sections 147/148/149/302/120-B, IPC is under investigation.;