- (1.) BARKAT Ali Zaidi, J. As both the petitions relate to the same incident they are being taken up together for consideration.
(2.) ON 19. 8. 2007 around 7. 45 O'clock in the morning in village Gurauli, Police Station Kaushambi District Kaushambi there was violent conflict between two warring groups, in which fire arms were used from both sides in consequence 9 where of, one life was lost and 5 persons sustained injuries from the petitioners' side while two persons died from the other party. On the basis of this incident, the police of police station Kaushambi thought that the acts of the petitioners were prejudicial to the maintenance of public order and they should, therefore, be detained underthe provisions of The National Se curity Act, 1980 (hereinafter referred to as the 'act' ). The police forwarded a report, copy of which is Annexure-12 alongwith relevant annexures, to the District Magistrale Kaushambi for passing a detention order. The District Magistrale, thereafter, passed an order of datention under Section 3 (2) of the Act, vide order dated 24. 11. 2007, copy of which is Annexure -14 on the record. The petitioners there after filed a representation under Section 8 read with Section 10 of the Act, Annexure-15 on the record, before the District Magistrate. a The District Magistrate, dismissed their representation by order dated 6. 1. 2008, copy where of is Annexure-16 on the record, which the Government has also confirmed on the report of the Advisory Board as provided under Section 12 (1) oi the Act by order dated 17. 1. 2008. copy where of is Annexure- 17 on the record.
(3.) THE aforenoted petitioners have come here under Article 226 of the Constitution of India, seeking their release from detention under Section 3 (2) of the Act We have heard Sri U. K. Saxena, Counsel for the petitioners and Sri Gaurav " Srivastava, Addl. Government Advocate for the State.;