D.P.MOHAPATRA, C.J. - (1.) The petitioner, Suresh Pal has filed this petition under Article 226 of the Constitution of India with prayers to issue a writ of certiorari quashing the order dated 6-2-1998 (Annexure 1 to the writ petition) passed by the District Magistrate, Ghaziabad (respondet No. 2) directing his detention under Section 3(2) of the National Security Act (hereinafter referred to as 'the Act') and the issue a writ of mandamus directing the respondents to set him at liberty forthwith.
(2.) The facts of the case, relevant for determination of the questions raised in the petition, may be stated thus:The petitioner was arrested on 24-12-1997 in connection with Case Crime No. 346/97 under Sections 147/148/149/307/302/34, I.P.C. of Police Station Masoori, district Ghaziabad. While he was in custody, the detention order dated 6-2-1998 passed by the District Magistrate, Ghaziabad, was served on him on 8-2-1998 along with grounds of detention. In the grounds of detention it was stated inter alia, (1) that the detenu, who was a police official under suspension, was appointed as a security personnel of Virendra Singh. The detenu was involved in Case Crime No 92/84 under Section 147/148/149/307/302, I.P.C. of Police Station Kavinagar, district Ghaziabad, registered on 24-12-1984 on the allegation that he along with other persons had committed murder of four persons at a public place. On trial the detenu was acquitted of the charges on acceptance of his plea of alibi by the judgment dated 25-7-1991 in Sessions Trial No. 67 of 1987 by the III Additional District and Sessions Judge, Ghaziabad (Annexure 10 to the writ petition). Thereafter a history sheet was opened in the name of the detenu and he is assigned No. 7-A of the current history sheet; (2) that thereafter Case Crime No. 369/87 under Section 25 of the Arms Act of Police Station Loni, district Ghaziabad was registered against the detenu on 7-12-1987 in which a 315 bore pistol along with some cartridges was recovered from him. After investigation by the police charge sheet was submitted against the detenu; (3) it was further alleged in the grounds of detention that on 16-12-1997 the detenu along with his associates Rajkaran, Onkar, Surendra, Manoj, Rajveer and Kalu Ram at about 12.15 p.m. made a murderous assault from automatic weapons and country made pistols on Dharampal, Surendra, Devendra, Babloo, Narendra alias Lala and Kanchi Singh when they were travelling in a Maruti Van bearing No. U.H.N. 3019 as a result of which Narendra alias Lala, Dharampal and Babloo died at the spot and Devendra, Surendra and Kanchi Singh were seriously injured. On the report lodged by Naresh Pal in Police Station Masoori Case Crime No. 346/97 under Section 147/148/149/307/302/34 was registered. It was also averred in the ground of detention that due to the incident, which happened in a public place, a sense of panic and terror was spread amongst the people present there, the people started running helter skelter, the labourers and vendors working nearby ran away from the place and later on being called by the police they came to the spot but out of fear did not disclose any thing about the incident. In this way public order at the place was disturbed. When news about the incident reached village Mahrauli, fear and terror spread amongst the people as a result of which police administration had to make special arrangement to allay the fear of the residents. The incident was published in the local newspapers and on reading the news items an atmosphere of fear prevailed amongst general public of Ghzaiabad.
(3.) After commencement of investigation, the petitioner was arrested on 24-12-1997 in connection with the case and the associates of the petitioner Raj Karan, Onkar, Surendra and Manojsurrendered in Court and were remanded to custody. It is also stated in the grounds of detention that though the detenu is now in Central Jail, Bareilly in connection with the aforementioned case, efforts are being made for his release on bail on the plea of alibi and the posibility of his being so released is there. Considering his past criminal activities there is every likelihood that in case he is released on bail the detenu will indulge in activities endangering public order. It was further averred in the grounds of detention that in the circumstances the District Magistrate was satisfied that in order to prevent him from indulging in activities prejudicial to the public order it was necessary to pass an order of his detention under Section 3(2) of the Act.;