A.K.Roopanwal, J. - (1.) AS in both these petitions the petitioners have been detained on the basis of one and the same incident, the detention orders were passed on the same day and the same question of law is involved therein, we decide both these petitions together.
(2.) IN these habeas corpus writ petitions the petitioners have challenged detention orders dated 29.5.2008 passed by the District Magistrate, Kaushambi detaining the petitioners under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the 'Act'). Counter affidavits and rejoinder affidavits have been exchanged between the parties and are on the record. We have heard Shri R.P. Misra, learned counsel for the petitioners, Mr. K.G. Shukla for the Union of India and learned AGA for the other respondents.
(3.) IT appears that the petitioners were detained under the National Security Act on the basis of their involvement in case Crime No. 111/08, under Sections 147, 148, 332, 353, 341, 504, 427, IPC, 2/3 Prevention of Damage to Public Property Act, 1984 and 3/7 Criminal Law Amendment Act, P.S. Pipari, District Kaushambi. It is said that on 30.4.2008 between 9.30 a.m. to 11.30 a.m. S.H.O. Dinesh Chaturvedi of P.S. Pipari along with other police personnel came at Allahabad-Manjhanpur-Kaushambi highway in connection with case Crime No. 110/08, under Sections 279,304-A, 427, IPC, P.S. Pipari, District Kaushambi. This was a case where Chhedi Lal S/o Dashrath, r/o Dariyapur, P.S. Pipari, District Kaushambi had died in an accident. An unruly mob had assembled there. The police tried to pacify the matter but the crowd was not ready to leave its anger. It started to damage a truck and also blocked the public way. The petitioners were in the lead role and were encouraging the crowd to beat the police personnel and to set the vehicle on fire. On their encouragement the crowd pelted stones upon the police party and started to beat them. In the meantime, C.O. Police, Chayal, Nav Rang Singh also reached there and he also tried to pacify the mob but the petitioners and their companions did not mend their way. They not only damaged his gipsy No. UP 73 G-0014 but also started beating the police personnel present there. The crowd also tried to murder the truck driver who had caused the accident. Finding no other way the police resorted to the use of light force and only after that the Panchnama of the dead body could be done.;