- (1.) THE questions of fact and law are similar in the aforesaid writ petitions and they can conveniently be decided by a common order against which learned Counsel for the parties have no objection. THE habeas corpus writ petition No. 7307 of 1999 shall be the leading case.
(2.) PETITIONERS of aforesaid writ peti tions have challenged the orders dated 19-11-1998, passed separately againsteach of them, under Section 3 (2) of the Nation al Security Act (hereinafter referred to as the Act) under which they have been detained. Along with the orders of deten tion the petitioners were also served with the grounds, which are similar. In leading case the impugned order of detention dated 19-11-1998 has been filed as An-nexure-4 and grounds on which subjective satisfaction has been formed by the detain ing authority has been filed as Annexure-5. There are two grounds on the basis of which the orders of detention have been passed. The first ground is that on 9-11-1998 Jaswant Singh son of Shri Ram, resi dent of the village Hariagarhi, Police Sta tion Raya, district Mathura lodged report (Annexure-2) in police station Raya, which was registered as case crime No. 280 of 1998, under Section 506, I. P. C. It is stated that on 31-10-1998 the petitioner along with other companions forcibly entered in the house of Vinod Kumar son of Raghubir Singh and dragged with them his sister-in-law and wives of two nephews to their house and committed gang rape with them and thereafter left them naked in the village. No body in the village could muster courage to prevent the petitioners and their accomplices from committing this heinous crime. It is further stated that accused persons are presently under detention in district jail Mathura and they are sending persons of criminal nature and threatening the complainant and his fami ly members for their life if they do not file compromise and affidavit in the Court regarding the offence committed on 31-10-1998. On 9-11- 1998 at 7 a. m. when Jas want Singh, the complainant was heading towards Raya from his village four armed persons called him and shouted at him that PAC and Police will not be helpful to him as they have been posted only for short time. If he does not file affidavits in favour of Om Veer, Mukta, Birjo and Brij- veer then he will not be saved and shall be buried alive. When the miscreants were threatening, it was heard by Rishi Pal son of Devi Singh and Sugriv son of Hari Singh. On account of this daring attempt of the miscreants atmosphere of fear and commotion has prevailed in the village. The village persons kept themselves away from daily work. They are living under great fear and terror but have no courage to open their mouth against miscreants. Silence prevailed in the en tire village and on account of petitioners' fear public order has been badly dis turbed. Village people go inside their houses early in the evening and come out only in the morning. It is stated that on account of the aforesaid daring criminal activity of the petitioners the entire village is under grip of fear and public order has been badly disturbed. In ground No. 2 it is stated that on 31-10-1998 at 5 a. m. four petitioners along with five others entered into the house of Vinod Kumar son of Raghubir Singh and misbehaved with his wife, sister-in- law and mother and forcibly dragged three ladies and took them to their houses. There they looted their ornaments and then they com-mitted gang rape on them one by one whereafter they left them totally naked in the village. A report of this occurrence was lodged by Vinod Kumar at police station Raya as case crime No. 272 of 1998 under Sections 147/452/376/342/354/395/323, I. P. C. The police immediately rushed to the village but could arrest only one ac cused Nepal Singh and the remaining ac cused including petitioners went under ground. The proceedings under Sections 82 and 83, Cr. P. C. were initiated against them. The movable property was attached, then only the remaining accused sur rendered in the Court on 3-11-1998. It is also stated that on account of this heinous criminal activity of the petitioners entire village was under grip of fear and terror and public order was disturbed.
(3.) IT has been further stated that petitioners surrendered on 3-11-1998 before the Court and presently they are in custody and have been lodged in jail in connection with case crime No. 272 of 1998, under Section 147/452/376/342/354/395/323, I. P. C. and case crime No. 280 of 1998, under Section 506, I. P. C. IT is stated that there is possibility that petitioners will be released on bail very soon and they will again indulge in similar activity which may cause serious prejudice to the main tenance of the public order. The detaining authority recorded his satisfaction that in the aforesaid facts and circumstances with a view to prevent the petitioners from ac ting in any manner prejudicial to the main tenance of public order it is necessary to detain them under the provisions of the Act. Petitioners have also been in formed that they have righ* under Section 8 of the Act to make epresentation against the order of detention to the State Government and the Advisory Board and also to the Central Government, if they desire to file representation, which may be submitted through the Superintendent of the Jail. Petitioners have also been in formed that they have right of personal hearing before the Advisory Board and if they want to avail the same, this may also be specifically communicated to the jail authorities.;