RAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) In all the writ petitions validity of detention order dated 26-6-99 on identical grounds under sub-section (2) read with sub-section (3) of Section 3 of National Security Act, 1980 (briefly, the Act) with a view to preventing the detenue from acting in any manner prejudicial to the maintenance of public order was challenged.

(2.) The grounds of detention relate to an incident which had taken place on 9-6-99 in broad day light at 11.30 in which Upendra, son of Mam Chandra was brutally murdered and Smt. Shanti, wife of Mam Chandra and Anand, brother-in-law of Mam Chandra were seriously injured. Case Crime No. 308 of 1999 under Sections 147, 148, 149, 302, 307, 504, 506, 34, IPC and Section 7, Criminal Law Amendment Act and case Crime No. 310 of 1999 under Section 25(4) of Arms Act, 1959 were registered at P.S. Loni, district Ghaziabad. The detenu Ram Lal and Man Singh were arrested on the spot along with their respective weapons. The detention orders under challenge in each of these writ petitions were grounded on the same incident and the questions of law and facts are also common.

(3.) We have heard Sri R. C. Kandpal and Sri D. S. Misra for the petitioners and Sri Arvind Tripathi, learned A.G.A. from the side of the State.