- (1.) KAMLESHWAR Nath, J. Both these writ petitions are taken up to be decided together as they raise common questions of fact and law.
(2.) BHOLA Nath Bajpai, son of Babu Ram Bajpai, resident of Amar Nagar Police Station Biswan has filed this W. P. No. 4582 of 86 through his father Shri Babu Ram Baipai challenging the validity of his preventive detention under the provisions of National Security Act, 1980. His brother Madhusudan Bajpai has also challenged his preventive detention under the said Act in W. P. No. 4592 of 86. The order of detention in both the cases was passed by the District Magis trate, Sitapur, on 19-4-1986, Annexure 1 of both these writ petitions. BHOLA Nath Bajpai was arrested and was lent to District Jail, Sitapur, on 31-5- 86 and order of detention dated 19-4-86 along with grounds of detention was served on him on the same day, Madhusudhan Bajpai surrendered on 2-6-86 and he was sent to District Jail and was served with the order of detention dated 19-4-86 along with grounds of detention on the same day. The order of detention is based o three occurrences involving both the petitioners. The first is alleged to have taken place on 19-11-85 at 7a. m. and first information report of this occurrence was lodged by Ram Lal son of Baldeo Prasad, resident of Amar Nagar, Biswan Town, and the case registered at the Police Station Biswan in Crime No. 255 of 85, under Sees. 174, 148, 149, 307 and 302 of the Indian Penal Cede. The victim of the occurrence was Ambika Prasad son of the complainant. It was alleged in the first information report that complainant's son Ambika Prasad had come to the house of Brij Nath son of Mahabir Prasad, for playing cards on Diwali day as Diwali Shagun and that Yogendra son of Balram Awasthi of the mohalla was also playing cards and that in the course of playing cards some dispute arose between Ambika Prasad and Yogendra. Ambika Prasad slapped Yogendra where upon Yogendra left the place holding out threat to take revenge. The allegation further is that on 19-11-85 at about 7 a. m. the coroplaintant and his sons Jumuna Prasad, Ambika Prasad, Ganga Ram are his Samdhi, Shyam Lal, resident of village Kamhara Wazirpur, Police Station Talgaon, District Sitapur were sitting at the door- step of the complainant's house and were taking amongst themselves when Yogendra carrying gun and his sons Akhilesh and Laxmi Narain carrying lathis came along with their friend Babu Ram Bajpai and his son Madhusudan Bajpai and Bhola Nath Bajpai, Madhusudan Bajpai was carrying gun while Bhola Nath Bajpai had country made pistol and as soon as they came they challenged saying that they have to take revenge and simultaneously Madhusudan fired at Jamuna Prasad who fell down and succumbed to his injuries while Akhilesh gave lathi injuries to Ganga Ram while Laxmi Narain gave lathi injuries to Ambika Prasad and both the injured to persons fell down Thereupon the petitioners and other accused left towards east. This occurrence created an atmosphere of fear and terror amongst the residents of the mohalla who closed the doors of their houses and went inside. In the grounds of detention it is mentioned that during the course of investigation it was found that the residents of the mohalla fear- stricken and no one was having the courage to give evidence against the petitioners and be cause of this day time occurrence the residents of the area were feeling terrified insecure. The second occurrence is alleged to have taken place on 31-12-85. Report of this occurrence was lodged at the Police Station, Biswan by Sub-Inspec tor of Police Shri B. D. Singh alleging that through special police informer infor mation was received that petitioners Bhola Nath Bajpai and Madhusudan Bajpai were armed with unlicensed weapons and were proceeding towards main Chauraha of Amar Nagar to extract money from persons there. On receiving this informa tion complainant B. D. Singh, along with police official of the police station went towards the said Chauraha and had reached near the house of Nihal by the side of the pucca road.
(3.) IT was found that Madhusudan Bajpai was having gun while Bhola Nath was carrying revolver and when an effort was made to apprehened the two petitioners they started firing at the police party but some how police party succeeded in arresting Bhola Nath and took in possession his '38 bore revolver while Madhusudan Bajpai managed to escape holding out a challenge to the police party that if any one proceeded further he would be shot dead. This occurrence created panic amongst those living and standing in the area and a confusion was created making those persons run hither and thither and the entire atmosphere was surcharged with panic, fear and terror. Bhola Nath petitioner could not produce licence for the revolver and recovery memo was prepared on the spot. On basis of this report a case under Sections 25/27, Anns Act was re gistered against Bhola Nath. In the grounds of detention it is alleged that during the course of investigation it was found that the residents of the area were fear striken to the extent that no one was prepared to give evidence against the petitioners. The third occurrence is of dated 13-4-86 at 10 a. m. Oral report of this occurrence was lodged by Shakoor son of Phulla Khan, resident of Ramabhari police station Biswan against both the petitioners, under Sections 352/534 and 506 of the Indian Penal Code. It was alleged that as usual the complainant had come to the main Chauraha of Biswan to sell milk, the two petitioners came and asked for one kilogram of milk. The complainant demanded Rs. 4 as price of milk, whereupon both petitioners said that they would pay only Rs. 2 for one kilogram of milk. The complainant refused to sell milk to the petitioners. Both of them held out their revolvers at the complainant asking that he did not know them and that the entire town was under their influence and thumb and yielding to whatever they desired and how the complainant could dare to stand against them. They then threatened to kill the complainant who out of fear left his cycle and ran away and the incident disturbed the normal avocation of life. This created an atmosphere of fear and terror amongst the shopkeepers around the Chauraha and they started closing their shops. It was alleged that had the complainant not run away he would have been physically hurt. Since this cccurrence related to a non-cogniznnce offence no formal investigation was done by the police. However, according to the allegation, S. I Shri Ram Nagina Singh of the police station orally interrogated the complainant and in the course of spot inquiry he could gather that this occurrence created fear and terror amongst the residents of the area and they had even closed their shops under fear and apprehension from the petitioners. Some of the occupants of the shops, namely, Bhajan Singh, Santosh and other were unable to carry on their normal business because of the fear of the petitioners. It is alleged that it was also learnt that the petitioners used to extort money from the residents on occasions. It was mentioned that police was posted to restore confidence in the area and the shopkeepers were persuaded to open their shops. A report about the enquiry and action taken was made at the police station by Shri Ram Nagina Singh, Sub-Inspector.;