- (1.) THESE two petitions have been instituted by the four petitioners, who are common to both these petitions and arose out of an incident which occurred on 30-3-1988, at the auction site for liquor shops, which was heing conducted in the Collectorate at Allahabad. The two petitions have been heard together and, by the consent of the parties, affidavits filed in One petition have been read in the connected petition.
(2.) IN connection with the incident, the Station Officer of Colonelganj Police Station, Allahabad lodged a first information report at the Police Station on 30-3-1988. On the basis of the FIR lodged by Sri Rana Pratap Singh. Station Officer, P S. Colonelganj, a case crime no. 221 of 1988 has been registered at Police Station Colonelganj, against the four petitioners under section 3. 7/506 of the INdian Penal Code. The prayer in the Writ Petition No. 7030 of 1988 is for the quashing of the first information report and to restrain the respondents in the writ petition from arresting the petitioners in pursuance of the aforesaid FIR. Because of the incident which occurred on 30-3-1988, the District Magistrate of Allahabad, Sri P. C. Chaturvedi, passed an order of detention against the petitioners under the National Security Act, the power of detention (order) having been delegated to him by the State Government. The relevant order of delegation by the State Government has been produced before us. The prayer in the Writ Petition (Civil Misc., Writ No. 8985/88) is that a writ in the nature of certiorari be issued to quash the detention order dated 31-3-1988. A further prayer has been made that the respondents be directed not to arrest the petitioners in pursuance of the detention order. The facts which are not in dispute between the parties are that an auction of country and Indian made foreign liquor shops was being held in an enclosed place protected by the police in the Collectorate at Allahabad on 30-3-1988. The four petitioners were present on the occasion. The petitioner Vashishth Narain Karwaria alias Bhukkhal Maharaj is the father of petitioner no. 2 Kapil; while petitioner no. 3 Ram Chandra Tripathi alias Kallu and petitioner no. 4 Santosh Kumar Tripathi are sons of Gaya Prasad Tripathi and the sister of Vashishth Narain Karwaria. Petitioners nos. 1 and 2 are residents of 1184, Kalyani Devi, P. S. Attarsuiya, district Allahabad, and petitioners nos. 3 and 4 are residents of village Ghauspur, P. S. Puramufti, district Allahabad. The District Magistrate, Sri P. C. Chaturvedi, was conducting the auction. The auction started at 10.30 A. M. The petitioners had made a bid of Rs. 51 lakhs for the Chail Sector country liquor shop, which was not accepted. At about 3.30 P. M., the Mooratganj Indian made foreign liquor shop was to be auctioned. Only two persons, namely, Ajai Kumar and Chhedilal offered bids of one lakh and one lakh ten thousand only. At this point, divergent versions have been given by the parties before this Court.
(3.) ACCORDING to the version of the petitioners the District Magistrate, Allahabad, was frustrated at the low bids and remarked that proper offers were not coming because of petitioner no. 1 Vashishth Narain Karwaria. ACCORDING to the petitioners' version, Vashishth Narain Karwaria stood up and said that as the District Magistrate was not liking his presence on the auction site, he was leaving the Pandal. And after saying this, all the petitioners went away leaving the Pandal. The petitioners' case is that thereafter a false case was fabricated by the police at the instance of the District Magistrate. According to the first information report lodged by Sri Rana Pratap Singh, Station Officer, Police Station Colonelganj, at 4.30 P. M. in police station Colonelganj, it is alleged that after Ajai Kumar and Chhedilal had made their bids at the Mooratganj Liquor Shop, the four petitioners stood up and threatened Chhedilal and Ajai Kuman and all the prospective bidders in the Pandal saying that the shop belonged to their area and if anyone dared to bid at the shop, they would shot him and bis family and destroy his entire family. This created terror in the audience and immediately thereafter Vashishth Narain Karwaria and other three petitioners stood and advanced towards Chhedilal and Ajai Kumar saying thai these people had had the courage to bid for the shop, they would kill them and they should not be allowed to run away. Thereupon, Rana Pratap Singh. Station Officer, along with other police officials accosted and advanced towards the petitioners to arrest them. Seeing the police party coming, Vashishth Narain Karwaria Ired at the police party with his country made pistol. Thereupon, the police party readied their weapons; whereupon the four petitioners escaped from the Pandal and were followed by the police party. Another shot was fired by the country made pistol on the police party by Vashishth Narain Karwaria. The police party persisted the chase and more shots were fired and bombs were hurled by the four petitioners. The firing and the noise of the bomb created panic in the Pandal. People sitting in the Pandal panicked and on the Kutchery road, people started running away and the shops started closing down. Public order was disturbed.;