S.K.PHAUJDAR, J. - (1.) THE above two matters were heard together as common prints of fact and law were involved in them, these two writ petitions are being, disposed of by the present order.
(2.) PETITIONER . Virendra Singh (in H.C.W.P. No 2149 of 1997) has been detained under the provisions of National Security Act (in short NSA) by an order, dated 23 -6 -1997 recorded by the District Magistrate. Jhansi. The other petitioner, Vijai Bahadur Singh has also been detained by another order of the same District Magistrate of the same day under the provisions of the same Act. The grounds of detention in relation to Virendra Singh indicated that on 16 -4 -1997 a religious procession was moving through the roads of village. Kadura. P.S. Samthar. District Jhansi, late in the night. It was a moonlit night and the precisionists were also carrying on petromax lamps. At about 11 p.m. the procession stopped near the door of Har Narain Dhobi and people kept engaged in bhajan. It is stated that the petitioner Virendra Singh came with an axe, petitioner Vijai Bahadur came with lathi their associates Bharat and Brij Bhushan were armed with fire -arms. These persons caught hold of one Rati Ram and started abusing him for having taken a Job under Rajendra Singh after leaving a job under them. It was stated that these persons assaulted Rati Ram which lathies and fists and Ranjit and Bhushan took exception this. At this the petitioners and others abused them and declared that these persons should be taken to task. Vijai Bahadur assaulted Chandra Bhushan with lathies, Ranjit was shot dead by Bharat, Rati Ram was caught hold of by these persons and was taken away while the people in general were threatened not to stand on the way of the miscreants. In fear and panic the assembled people did not dare to intervene as fire was also opened to threaten them. Rati Ram was forcibly removed to a place outside the village. Some persons stealthily followed them and saw that Rati Ram was shot dead by Brij Bhushan Singh while Virendra Singh also hurled axe blows on him.
(3.) IT was further stated in the grounds that as a sequel to this incident police reached the spot but the miscreants were not found in their houses, Most of the houses in the locality were found locked as the people had fled the village. A few old persons had not gone away and they had informed the police that the ghastly attack on Rati Ram arid Ranjit made the villagers such panicky that most of the people had run away from the village. People were afraid of attacks on their lives and properties and on the honour of their women folk. Most of the villagers in Kadura especially the people of Scheduled Caste community had not come back to the village despite posting of a police picket there. It was stated that on the news of bail of the petitioners and others the persons who stayed back in the village were also trying to sell off their properties and were trying to leave the village, It was stated that the petitioner had moved for bail in the sessions court and the very talk of their being lieleased on bail had again created an atmosphere of panic in the village. The District Magistrate opined that there were every possibility that by the acts of the petitioners, maintenance of the public order would be prejudiced. In the grounds in respect of the other detenue (Vijai Bahadur Singh), similar words were used.;