MUKTESHWAR PRASAD,J - (1.) BY means of this habeas corpus petition, the petitioner has challenged the detention or ­der dated 14th July, 2006 passed by District Magistrate, Ghaziabad under section 3 (2) of the National Security Act (hereinafter referred to as the 'Act') - On the same day, grounds of detention (Annexure -3 to the petition) were also served on the petitioner in District Jail, Ghaziabad where he was detained in connection with case crime No.71 of 2006, under section 302/34 I.P.C., P.S Modi Nagar, district Ghaziabad.
(2.) IT appears that on 6th March, 2006, nominations for the election of delegates to Cane Society were being filled up at the office of Ganna Samiti where a large num ­ber of villagers belonging to village Gadana and other villagers had assembled with their candidates. One Raj Bahadur Singh along with his brother Amarjeet Singh @ Gandhi, members of his family and other villagers had also gone there for nomina ­tion. The petitioner accompanied by Rakesh @ Billu and Babendra @ Babbu along with his supporters were also there for nomination. At about 1 -00 P.M. Baben ­dra @ Babbu talked to Amarjeet Singh and there was exchange of hot words as to why Amarjeet was filing nomination. In the course of altercation, petitioner and his as ­sociate Rakesh caught hold Amarjeet Singh @ Gandhi and exhorted Babendra to kill with a view to teach him a lesson. Baben ­dra fired a shot with his country made pistol. Raj Bahadur Singh, brother of Amarjeet Singh, Jugmendra and Ashok and other villagers tried to apprehend the peti ­tioner and his associates but they suc ­ceeded in running away on account of heavy crowd brandishing their tamanchas. Amarjeet Singh, who was seriously injured, was taken to Jeevan Hospital on a Police Jeep but on account of his critical condition, he was referred to Yashoda Hospital at Ghaziabad where he succumbed to his in ­juries. After the aforesaid incident, per ­sons started running helter -skelter and even employees of the office left their seats with a view to save their lives. There was complete chaos and atmosphere of terror. Police force led by S.I. Ajmer Singh was posted there to maintain law and order at the time of nomination. The Police force also failed to apprehend the culprits on account of heavy rush of the villagers. Looking to the break down of public order, S.I. Ajmer Singh informed the superior of ­ficers whereupon Circle Officer, Modi Na ­gar accompanied by sufficient Police force reached there and made all possible efforts to maintain public order. The additional Police force, including P.A.C. was summoned from district head -quarters and was deployed at the office of Ganna Samiti as well as in the market with a view to bring normalcy. Raj Bahadur Singh handed over a written report to the local Police and a case was registered at crime No. 71 of 2006 at 3 -40 P.M. After proclamation under sec ­tion 82 Cr.P.C, the petitioner surrendered in the Court of C.J.M., Ghaziabad and the co -accused are still absconding. The bail prayer on behalf of the petitioner was re ­jected by the Court of C.J.M. and Sessions Judge, Ghaziabad.
(3.) ON 9.7.2006, S.O. Modi Nagar sent a detailed report for detaining the peti ­tioner under the Act and made a request to detaining authority in this regard. S.S.P., Ghaziabad vide his letter dated 13th July, 2006 proposed to the District Magistrate for detaining the petitioner under section 3 (2) of the Act. Ultimately, on 14th July, 2006 the order of detention impugned in this petition was passed.;