- (1.) R. R. K. Trivedi, J. In both the aforesaid habeas corpus writ petitions question of fact and law are similar and they can conveniently be considered and decided by a common order against which learned counsel for the parties have no objection. The habeas corpus writ petition No. 3328 of 1999 will be the lead ing case,
(2.) PETITIONERS of both the aforesaid writ petitions have challenged their deten tion under separate orders dated 3-9-1998 passed by the District Magistrate, Jalaun at Orai, under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act ). Alongwith the order of deten tion petitioners were also served with the grounds of detention on which basis the detaining authority formed his subjective satisfaction for detaining the petitioners under the Act. From the perusal of grounds it appears that on 13-7-1998 petitioners, Naushey and Sarju had gone to jail to meet some body inside the jail. They came from the crowd of visitors and grabbed Santri, Santosh Kumar at the gun point and also fired at visitors who ran away. It is also stated that in the morning of 13- 7-1998 while officiating Jailor, R. K. Tripathi and Deputy Jailor, Arun Kumar Saxena were going to get open the jail gates petitioners intercepted them and took out their country made pistols and threatened both of them for life if they enforced strictly the rules and regulations. At that time jail guard, Uttam Sharma was also present. On account of the aforesaid activity of the petitioners the jail authorities and the employees were under fear and there is danger to their life. A report of the aforesaid occurrence was lodged same day at 7 p. m. at police station Kotwali, Orai which was registered as case crime No. 692 of 1998, under Sections 352, 353,342 and 506, IPC which is under investigation. During investigation statements of several employees and officers of jail were recorded by the Investigating Officer, under Section 161, Cr. P. C. which sup ported the prosecution case. It has also been mentioned that both the petitioners arc inside the jail under judicial custody but there is a threat to jail authorities from their companions outside the jail. There is great fear and commotion prevailing in jail and they are not able to discharge their duties fearlessly. On account of firing at the jail gate people assembled there ran helter and shelter and atmosphere of fear and commotion prevailed on the Slate highway. There is also great threat to the internal and outside security of jail. On account of activity of petitioners public order has been badly disturbed. Superin tendent of Police and District Magistrate, Jalaun and superior jail authorities were informed about the incident. Superinten dent of Police, Orai directed to establish PAC camp for security of jail authorities. It has been further stated that petitioners surrendered on 16-7-1998 before the Court and they are under judi cial custody. They have applied for grant of bail and there is every possibility that they will be released on bail. It has been said that if petitioners arc allowed to come out from jail they shall again indulge in similar activity of violence and there is every pos sibility that they will disturb public order. It has also been stated that on 25-11-1997 at about 11. 30 a. m. petitioners alongwith their other companions, Ashok Kumar Gupta, Shanker Singh and Babloo murdered Satendra Tripathi who was the student of M. A Part I of Mahatma Gandhi Degree Col lege, Orai and was the candidate for the post of President of Union. Murder was committed at public place in presence of police person nel. After committing murder they threatened the persons present there that if they gave evidence against them they shall also be deprived of their lives. After commit ting murder they escaped taking advantage of the crowd and police force present there could not fire on them. A report was lodged same day at 12. 30 p. m. at P. S. Kotwali, Orai which was registered as case Crime No. 1057 of 1997, under Sections 147,148,149 and 302, I. P. C. In this case after investigation charge-sheet has been submitted and the case is under consideration of the Court.
(3.) IT has also been stated That on 3-5-1997 petitioner Naushey, alongwith his companions, Kalian and Rais Pathan murdered Gulley Mehtar son of Bal Kishan and injured Lale son of Babu at 12. 30 p. m. by using fire-arms. In this con nection a case was registered as case crime No. 457 of 1997, under Sections 302 and 307, I. P. C. at P. S. Kotwali, Orai. After in vestigation charge-sheet has been sub mitted in the Court and case is under con sideration of the Court. The detaining authority on the aforesaid grounds felt satisfied that with a view to prevent petitioners from acting in manner prejudi cial to the maintenance of public order it was necessary to make an order of detention. The petitioners were also informed That against the order of detention they have a right to make representation to the State Government, Advisory Board and the Central Government. Their repre sentations may be submitted through Su perintendent of Jail. The petitioners were also informed that their case shall be referred lo the Advisory Board when they may claim personal hearing which may be communicated by making an application to the Superintendent of Jail The case of the petitioners was referred to the Advisory Board on 14-9-1998. The representations of the petitioners with para-wise comments were sent to the Advisory Board by the detain ing authority directly. On 24-9-1998 petitioners were heard personally by the Advisory Board. On 16-10-1998 the Ad visory Board gave its opinion that there was sufficient cause to detain the petitioners. On 22-10-1998 State Govern ment confirmed the order of the detention under Section 12 (1) of the Act for a period of 12 months.;