DINESH KUMAR SINGH, J. - (1.)The present petition has been filed praying for quashing of order dated 14.08.2017 passed by District Magistrate, Bababanki, Uttar Pradesh in exercise of power under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as ''the Act') directing to detain the detenue/petitioner under Section 3(2) of the Act in the District Prison, Barabanki and the consequential order dated 26.09.2017 whereby on the basis of report submitted by the ''Advisory Board' with respect to the detention of the detenue/petitioner, the Governor exercising the power under Section 12(1) of the Act directed the detenue/petitioner to be detained for a period of 3 months with effect from 14.08.2017. The detenue/petitioner has also challenged the order dated 08.11.2017 whereby the Governor on the basis of reports submitted by ''Advisory Board' and District Magistrate extended the detention period of the detenue/petitioner for a further period of three months. The detenue/petitioner has also prayed for a writ in the nature of Habeas Corpus to release the detenue/petitioner from the detention forthwith.
(2.)The detenue/petitioner is an accused in a substantive offence bearing Case Crime No.43 of 2017 under Sections 147 / 148 / 149 / 302 / 506 / 120B I.P.C., Police Station Kotwali Nagar, District Barabanki. According to the respondents this heinous incident has created a turmoil, disharmony, hatred and insecurity amongst the residents and public in general and public order got disturbed. It is alleged that even the tempo of life was disturbed and the police and administration had to put in serious efforts to control the situation and restore normal life in the city which got disrupted.
(3.)Along with detention order dated 14.08.2017, grounds of detention were also made available to the detenue/petitioner. In the grounds of detention it is said that on 17.01.2017 at around 8:40 p.m., the detenue/petitioner alongwith other accused caused death of one Akash Jaiswal by resorting to indiscriminate firing by deadly fire arms. The murder was committed for enmity out of business rivalry in respect of tender auction for hemp shops. It has been stated that because of this incident people got terrified and the public order got disturbed. The people closed their windows and doors and ran helter-skelter to save their lives. The sensational murder of a business man of the city in the manner described above brought the anger of the business community of the city to the fore and the shops and the establishments were closed in protest. The incident had affected the normal life of the people and disturbed the peace and harmony. To maintain public order, the police and administration had to take several measures including patrolling and was required to keep vigil on law and order situation.