- (1.) D. P. Mohapatra, C. J. In these writ petitions the petitioners have prayed for quashing the orders passed by the District Magistrate, Kaushambi, directing their detention under Section 3 sub-section (2) of the National Security Act, 1980 (for short the Act) on the purported satisfac tion of the authority that the detention was necessary to prevent the detenu from in dulging in activities prejudicial to the maintenance of public order. The inci dents referred to and the facts narrated in the detention order passed against the petitioners are similar. The main incident of 30th November, 1997, on the basis of which the detention orders were passed, is common. The question of fact and conten tions of law raised on behalf of the petitioners are also similar except in the case of Shyam Narain Karwaria, petitioner of Habeas Corpus Writ petition No. 10212 of 1998, who has raised an additional point that the detention order is invalid since it has been passed on the same set of facts after a previous order of detention passed against him was not approved by the State Government under Section 3 (4) of the Act. In view of the similarity in the cases, it was agreed by learned Counsel for the parties that they should be taken up together. Accordingly, we heard the three cases together and they are being disposed of by the common judgment. Writ petition No. 8552 of 1998 is taken as the leading case. Writ petition No. 8552 of 1998.
(2.) ON 31-12-1997, when the petitioner Jiwan Singh was in Central Jail, Naini, Allahabad in case Crime No. 62/97 under Section 302/201, IPC of P,s. Mohabatpur Painsa district Kaushambi, he was served with the detention order dated 31-12-1997 along with the grounds of detention and documents annexed to it. In the grounds of detention it was stated, inter alia, that on 30th November, 1997 at about 1. 30 p. m. when Sri Shiv Singh, resi dent of Udhin khurd was having a conver sation with Moga Pasi near the betal shop of Lalloo Sonkar on Dhata Sirathu road in village Mogri Katra P. S. Mohabbatpur Painsa the detenu alongwith his com panions came there in a Tata Sumo vehicle from the side of Dhata, they surrounded Shiv Singh and fired at him from weapons held by them as a result of which he sus tained serious injuries and fell down. The detenu and his companions took away the injured in the vehicle. It is also stated in the grounds of detention that due to the above incident an atmosphere of terror prevailed in the locality. Nobody tried to intervene nor gave a chase to the as sailants of Shiv Singh. A sense of in security gripped the general public. People remained inside their houses out of fear. Confusion was created amongst the passers-by on the road. In this manner the even tempo of life in the locality was disturbed and public order was breached. The incident was registered as Case Crime No. 62/97 under Sections 302/201, IPC of P. S. Mohabbatpur Painsa district Kaushambi. Subsequently on 1-12- 1997 at about 4. 45 p. m. the body of deceased Shiv Singh was recovered from Mehraj pur Nala situate within village Arki, P. S. Rajapur, district Chatrapati Sahuii Maharaj. It is further stated in the grounds of detention that Raj Kumar, the brother of the deceased and other witnesses to the occurrence are being regularly threatened by the detenu and his companions asking them to file affidavits in Court in favour of the accused failing which they will be killed. A report to this effect has been lodged at FS. Mohabbatpur Painsa as Case Crime No. 86/97 under Section 506, IPC It is further stated in the grounds of detention that at present the detenu is detained at the Central jail Naini, Al lahabad after appearing in Court on 17-12-1997 and efforts are on by his pairokars to get him released on bail. There is every likelihood that after being released on bail the detenu will again indulge in such criminal activities which will affect public order. On the basis of the facts, noted above, the District Magistrate Kaushambi, as stated in the grounds of detention, was satisfied that there is possibility of the detenu indulging in activities prejudicial to maintenance of public order and it is necessary to detain him with a view to prevent him from carrying on such ac tivities. In the grounds of detention the detenu was informed that if he wishes to make a representation to the State Government against the order of deten tion then he should address it to the Home Secretary to the State Government and present it at the earliest through the Su perintendent of Jail. The detenu was also informed that the matter will be referred under Section 10 of the Act, to the Ad visory Board within three weeks from the date of detention and his representation, if received late, will not be considered by the Advisory Board. The detenu was further informed that if he wishes to make a repre sentation to the President of India or to the Central Government, then he may sent it at the earliest to the Secretary, Govern ment of India, Ministry of Home Affairs, Department of Internal Security, North Block, New Delhi through the Superinten dent of Jail. The detenu was also informed in the grounds of detention that if he desires to have personal hearing before the Advisory Board under sub-section (1) of Section 11 of the Act then he should men tion that fact specifically in the repre sentation or inform the State Government through the Superintendent Jail.
(3.) THE documents in support of the detention order, including the first infor mation report in the criminal cases noted in the grounds of detention, statements of witnesses recorded under Section 161, Cr. P. C. and other documents were annexed to the grounds of detention. The detention order was approved by the State Government by order dated 7-1-1998. The Advisory Board heard the detenu on 6-2-1998 and submitted its report holding that the detention was jus tified on 13-2-1998. On receipt of the report on 13-2-1998 the State Govern ment passed the order on 21-2- 1998 con firming the order of detention with a direc tion that the detenu shall remain in jail for twelve months from the date of detention. The representations dated 12-1-1998 and 22-1-1998 submitted by the detenu to the State Government were rejected by the State Government by order dated 9-2-1998. Similarly the representation sub mitted by the detenu on 12-1-1998 to the Central Government and received in the Ministry on 10-2-1998 was rejected by order dated 23-4-1998. The writ petition challenging the detention order was filed on5-3-1998.;