SHIV PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the detention order dated 14-1-2002 passed against him by respondent No. 3 District Magistrate, Mau under Section 3 (2) of the National Security Act, 1980 and his continued detention thereunder.

(2.) The grounds of detention are contained in Annexure-3 to the writ petition. The first ground is that on 13-4-1995 at about 7.45 p.m. he with his associate Ranvir Singh alias Guddu had fired on one Kamla Kant, though he had escaped unhurt. Crime No. 34 of 1995 under Section 307 I.P.C. was registered at Police, Station Ranipur, District Mau in which chargesheet had been submitted. He had secured bail in that case. That incident had disturbed the public order. People had to run helter-skelter and an atmosphere of terror and insecurity was created in the area.

(3.) The second ground is that on 5-1-2002 at about 3 p.m. in Rainipur he assaulted his tenant Muvattar Raza at his clinic under his tenancy, though in respect of the tenancy a case was also pending. He was first attacked with rods and thereafter he was shot in his abdomen. At that time, the petitioner was accompanied by his associate Ranvir Singh alias Guddu. While fleeing, each of them fired two shots for scaring away all those nearby, creating an atmosphere of terror. People started shutting down their shops and ran hither and thither to save themselves. The public order was greatly disturbed. The victim being of minority community, communal tension erupted. Crime No. 4 of 2002 under Section 307 I.P.C. and crimes No. 5 and 6 of 2002 under Section 25 Arms Act came to be registered with regard to this incident. He and his associate were allegedly arrested after being chased for a short distance and illicit weapons were recovered.