UDAI PAL Vs. ADHIKSHAK JANPAD KARAGAR BASTI

JUDGEMENT

(1.) The petitioner has challenged the detention order 29th June, 2003, passed by respondent No. 2-District Magistrate, Sant Kabir Nagar under Section 3(2) of the National Security Act, 1980 and his continued detention thereunder.

(2.) The grounds of detention are contained in Annexure-2 to the writ petition. The detention order was passed on the basis of the F. I. R. relating to crime No. 231 of 2003, P. S. Kotwali, Khalilabad, District Sant Kabir Nagar, inter alia, under Section 302, I. P. C. The incident had taken place on 20-4-2003 at about 2 p.m. The petitioner and his associates variously armed allegedly shot dead one Ram Ashish and caused firearm injuries to his companion Ajit Kumar who had come forward to his rescue. The dead body of Ram Ashish was allegedly dragged on the road upto his (petitioner's) door. This offence was allegedly committed near Vinod Rice Mill, Gajpur, Police Station, Khalilabad when Ram Ashish and his companions Ram Govind, Ajit Kumar Misra, Kamlesh Singh and Rajesh Chaudhari were going on motor-cycles from the side of Tameshwar Nath crossing. The crime so committed disturbed the even tempo of public life and atmosphere of terror was created.

(3.) Counter and rejoinder affidavits have been exchanged.