- (1.) BY the Court. By virtue of this petition, the petitioner has prayed as fol ­lows : (1) To issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the petitioner before this Court and to set him at liberty and also to quash the detention order dated 1 -5 -97 passed against him; (2) To issue any other writ, order or di ­rection which this Court may deem fit and proper in the circumstances of the case; (3) To award costs of this petition to the petitioner.
(2.) THE detention order alongwith the grounds is dated 1 -5 -97 under the provi ­sions of National Security Act (N.S.A.). The main allegations are that on 1 -3 -97 at 4 p.m. in the Panchayat Bhawan premises at Rampur the accused alongwith his com ­panions in an open place i.e. in the said office, had with an intention to murder Sri R.C. Singh, Chief Development Officer, Rampur fired at him. Therefter the peti ­tioner tried to escape. But he was an over ­powered yet escaped, an atmosphere of terror was created and the villagers who had assembled for getting some reliefs in the office of the Chief Development Offi ­cer, ran away from the spot. Thus, the public order was totally disturbed. The people of the locality were extremely afraid. The companion of the petitioner escaped. A report to that effect was lodged on 1 -3 -97 at 4.30 p.m. and a case under Sections 307/506, IPC was registered against the petitioner. In the local newspa ­per like Dainik Jagran, the news was pub ­lished and this act of audicity committed by the petitioner was widely spread and published. Nay, the D.R.D. Employees' Association, Rampur gave a memorandum to the District Magistrate, Rampur and the S.S.P. Rampur to the effect that the em ­ployees of the office are feeling totally insecured after this incident and the act of the petitioner was condemned in forceful talks. They sought the early incarceration of the petitioner and his companion. The petitioner was taken into cus ­tody on 2 -3 -97 and eversince he is lodged in a Jail and is continuously trying for getting bail, although the C.J.M. as well as the Sessions Judge rejected his bail appli ­cation on 9 -4 -97. The application for bail was moved before the High Court Alld., which is pending consideration. It is likely that he might be bailed out by the High Court and after coming out from Jail, he shall repeact the same type of activities by creating terror in the mind of the local people specially the employees attached to the office. This way the public order shall be totally disturbed and the District Magis ­trate was personally satisfied that a situa ­tion has arisen which warrants the contin ­ued imprisonment of the accused. Hence the detention order (Annexure 1 to the petition), was passed under the provisions of N.S.A.
(3.) THE petitioner, in this petition has alleged that in fact, the petitioner is a vic ­tim of Sri R. C. Singh, the Chief Devel ­opment Officer, Rampur who had been treating the petitioner with extreme cruelty and he was threatening him (petitioner) off and on and in fact, on 1 -3 -97, the peti ­tioner became the victim of his firing and lodged a report but no action has been taken agaisnt R.C. Singh. Therefore, a petition under Section 156(3), Cr PC was filed by the petitioner as he had received grievous injuries and he was at the verge of death. Sri R. C. Singh has specially named him as an accused under Section 307. IPC. whereas Sri Singh had received no injury at all. Cause of anger of R. C. Singh towards the petitioner was thai he was highlighting the various misconducts and charges of corruption against Sri R.C. Singh. A series of complaints had been sent by the petitioner in the years 1994 and 1995. Allegedly on an enquiry held by the Distt. Magistrate, Rampur, some charges have been made out against Sri R. C. Singh. Thus Sri R. C. Singh was very an ­gry against the petitioner and lodged a false FIR resulting into illegal detention of the petitioner. The petitioner is a good sports man and has been rewarded by the higher authority and the detention of the petitioner is totally unlawful.;