A.N.Gupta, R.P.Nigam, JJ. - (1.) The petitioner has challenged the order of his detention dated 29.4.1997 passed by District Magistrate Rae Bareli under subsection (2) of Section 3 of the National Security Act in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order.
(2.) The detention order is based only on one ground which is to the effect that on 8.7.1996 at about 9.00 a.m. in the market of village Mau, Police Station Deeh, district Rae Bareli the petitioner along with his brother Sabir and several other persons armed with guns, country-made pistol, hockey and lathi attacked Wajid who once was a member of the petitioner's gang in the market at the shop of Nissar when Wajid was getting his cycle repaired. Wajid ran towards the house of Munna but the door of that house was closed therefore, the petitioner along with his other co-accused persons felled down Wajid on Cot lying in the verandah of the said house. The petitioner fired from point blank range on the neck of Wajid and Sabir and Bakridi who were armed with country made pistols also fired from point blank range on the chest and other parts of the body of Wajid and Naim and Zafar inflicted injuries by hockey and lathis and in this manner, Wajid was murdered. When the people of the market came forward to resist, they were warned by the petitioner and his companions. The dead body of Wajid was dragged for some distance and was thrown on the public way. On account of this broad day light murder in the market of the village, the shop-keepers ran away and closed down their shutters and other persons hidden themselves wherever they could find place. Terror was created in the market and the general life of the community was disturbed. The petitioner and his companion went away from the market with their arms.
(3.) The written report of the said occurrence was lodged by the father of the deceased on the same day i.e. 8.7.1996 at 11.05 a.m. at the police station Deeh bearing case crime No. 86 of 1996 under Sections 147, 148, 149 and 302, I.P.C. After investigation, charge-sheet was submitted and the case was pending against the petitioner at the time when the detention order was passed.;