- (1.) M. P. Singh, J. In pursuance of the order dated 31-3-1988, passed by the District Magistrate, Allahabad under Section 3 (3) of the National Security Act, the petitioner has been detained on 20-7-1989 at Ghaziabad. By means of the present writ petition the said detention has been challenged by him.
(2.) THE short factual background is as follows : On 30-3-1988 an auction of country and Indian made foreign liquor shops was held in an enclosed place protected by the police in the Collectorate at Allahabad. THE petitioner alongwith three other persons, against whom also the detention order was passed, was present on the occasi n for participating in the said auction. A large number of other bidders were also present. THE District Magistrate Sri P. C. Chaturvedi was conducting the auction. It started at 10. 30. a. m. THE petitioner's bid was for a sum of Rs. 51 lacs for the Chail sector of the country-liquor shop. It was not accepted. At about 3. 30 p. m. Muratganj Indian made foreign liquor shop was to be auctioned. Some controversy arose about this auction. After Ajai Kumar and Chhedi Lal had made their bids for Muratganj liquor shop, the petitioner alongwith three other associates stood up and threatened Ajai Kumar, Chhedi Lal and all prospective bidders present in the Pandal saying that the shop belonged to his area and if anybody dared to bid at the shop, he would shoot him. He would also destroy the entire family. This created a terror and panic in the public present there. Immediately thereafter the petitioner alongwith three other associates stood and advanced towards Chhedi Lal and Ajai Kumar threatening them with dire consequences. As the situation was going to become worse, Sri Rana Pratap Singh, Station Officer, alongwith other police officials advanced towards the petitioner and his associates to arrest them. Seeing the police party coming towards then, the petitioner fired at the police party with his country- made pistol. As soon as the police party tried to take out their weapon, the petitioner escaped from the Pandal but was chased by the police party. Another shot was fired by the petitioner on the police party. Undeterred from the firing by the petitioner, the police persisted the chase. The petitioner thereupon again fired and bombs were also hurled by him on the policy party. The firing and the notice of the bombs explosion created panic in the Pandal too. The people sitting in the Pandal started running away on the Kutchery road and shop keepers also started running away saving their lives. Public order was completely disturbed. At 4. 30 p. m. first information report was lodged by Sri Rana Pratap Singh, Station Officer, in police station Colonelganj against the petitioner under Sections 307 and 506, I. P. C,
(3.) SRI P. C. Chaturvedi, the District Magistrate, on being satisfied, that it was necessary to do so, passed an order on 31-3-1988 under Section 3 (3) of the National Security Act (hereinafter referred to as the Act ). The said order of detention had been challenged by the petitioner by means of writ petition No. 8985 of 1988. By means of another writ petition No. 7030 of 1988 the petitioner had prayed for quashing of the first informa tion report lodged against him under Sections 397 and 506, I. P. C. These two writ petitions were dismissed by a Division Bench of this Court on 31-5-1988 against which the petitioner has filed a Special Leave Petition which is still pending in the Supreme Court. The points urged in the aforesaid two writ petitions were : (i) that at the highest the act attributed to the four petitioners amount ed to disturbance of law and order but did not effect public order. (ii) That the detaining authority was not qualified to pass the detention order as he was an eye-witness to the incident said to form the basis of the said detention order.;