N.S.GUPTA, J. - (1.) By means of this writ petition under Art. 226 of the Constitution of India, the petitioner Ravi Singh has challenged the validity of the order of detention dated 26/06/1997 passed against him by Sri Hari Ram, the then District Magistrate, Sonbhadra, whereby the petitioner was directed to be detained under Sec. 3(2) of the National Security Act.
(2.) It appears that the petitioner was a resident of Mohalla Kalikutti, Shastri Nagar, P. S. Kotwali District Jaunpur. He came to Sonbhadra under the garb of contractor and started indulging himself into the criminal activities. As per grounds of detention stated by the District Magistrate, upon which he based his subjective satisfaction regarding the detention of the petitioner were as follows : (1) In the first instance, the petitioner was involved in case crime No. 277 of 96 punishable under Sec. 307, I.P.C. P. S. Anapara District Sonbhadra, in which the petitioner had assaulted one Uma Shankar Gupta on 23-7-96 by means of a knife with an intention to commit his murder.(2) The second instance was the involvement of the petitioner in the matter of robbery of Tata Sumo bearing registration No. UMT-2927, Chasis No. 385 003, C.S.Q. - 400934 Engine No. 483, D.I.U.I.M.B.S.Q. 722663 which car was got registered under fictitious registration No. G.J./C.I.-3165 and which car was being driven openly by the petitioner and his associates for creating terror in the locality of the industrial town like Sonbhadra. (3) In the third instance, the petitioner was involved in case crime No. 142 of 97 punishable under Sec. 302/506, I.P.C. in which a young boy named Pawan Kumar Sharma aged about 32 years was done to death by the applicant and his associate Munna Singh on 3-6-1997 at about 10.45 p.m. in Qasba Pipri near Turra Chauraha. The said incident of the murder of P. K. Sharma in which the aforesaid Tata Sumo car was used by the pettitioner and his associates for running away from the spot created terror in the locality so much so that all the shops of the locality were closed and the vehicles which were coming towards the petrol pump, the scene of occurrence, took turn and went back and the workers of the factories started feeling insecured. This incident had the effect of lowering down the production of the factory and the entire public order was disturbed because of the terror created by the petitioner.The petitioner was, therefore, detained by the impugned order, which was served upon him inside District Jail Mirzapur on 27-6-1997. The petitioner was called upon to submit a representation under Sec. 8 of the National Security Act, which he did submit on 7-7-97. After consideration of the petitioner's representation by the Advisory Board, the State Government confirmed the detention order and rejected the representation made by the petitioner, the communication of which was made to the petitioner on 23-7-1997, that is, just within one month from the passing of the impugned order of detention; hence this petition.
(3.) We have heard the learned counsel for the parties and perused the counter-affidavits and rejoinder affidavits which were exchanged in between the parties.;