- (1.) G. S. N. Tripathi, J. This petition is connected with habeas corpus petition No, 40563 of 1997. Both these petitions are being disposed of by a common order.
(2.) THESE petitions are under Article 226 of the Constitution of India praying for a writ, order or direction in the nature of habeas corpus directing the opposite parties to release the petitioners forthwith and further for issue of a writ, order or direction, in the nature of certiorari quash ing the detention order dated 26-4-1997 passed by the District Magistrate, Rampur (Armexure 1 to the petition), The detention order was passed by the District Magistrate, Rampur, respon dent No. 1 on 26-4-1997 to the effect that she has been satisfied that the petitioners, namely, Iliyas and Nazakat indulged in the criminal activities which are likely to dis turb the public order, therefore, their detention under Section 3 (2) of the Na tional Security Act, 1980 is in the larger interest of the society. The grounds for detention (An-nexure 2 to the petition) were served upon the petitioners alongwith order dated 26-4-1997. It is alleged that on 14-4-1997 at about 7. 30 a. m. Iliyas along his brother, Liaqat with the common intention to will attacked Rameshwar with sharp edged tabal and knife, who was a member of scheduled caste and cut his neck at a public place in a cruel manner. As a result of which, all the members of that community fled away from the village. An FIR was lodged on 14-4-1997 at 9. 15 a. m. in which the petitioners were named. After due in vestigation a charge-sheet was submitted against the accused. The activities of the petitioners were in such way that nobody had dared to come out of his house and further the members of other com munities were also feeling in secured and for maintaining the public order, the detention of the petitioners was essential.
(3.) IT has been further mentioned in the grounds that the petitioners are al though in Jail but they are trying come out on bail. The petitioners have moved ap plication for grant of bail in the Sessions Court for their release, which is likely to be allowed. The District Magistrate is fur ther satisfied that in case, the petitioners come out of jail, they will again disturb the public order, therefore, their detention is essential in the larger interest of the society. The grounds taken by the petitioners are that this, this is only criminal case pending against them. It is alleged that they are the labourers and a false case has been lodged against them. There is no question of disturbance of public order and at the most it can be a case of law and order in the ordinary manner. He did not receive any paper in the jail. Neither the Investigating agency nor the respondent No. 1 had been providing full papers to them as such, their interest has been extremely prejudiced and they could not make any representation to the State Government of the Central Government. Further it is stated that it does not appear that grounds of order were placed before the Advisory Board within 21 days of detention and that has effectively prejudiced the petitioners effectively.;