ASHOK KUMAR SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, who is said to be a Building Contractor, has been detained under the provisions of the National Security Act (hereinafter to be referred to as the Act) under an order dt.16-12-84 passed by the District Magistrate, Lucknow.

(2.) A perusal of the order and the ground on which it is based, indicates that the petitioner is one of the accused in Crime Case No 1034 registered at Police Station Hazratganj, Lucknow, under Sections 147/148/149/307 IPC read with Section 5 of the Indian Explosives Act on the basis of the FIR lodged by one Surya Kumar who was allegedly fired at by an associate of the petitioner and a hand granade was also thrown at his car. It may be stated that there were several persons including the petitioner mentioned in the FIR who were said to be armed with pistols, revolvers and guns and the petitioner was said to have had a band granade. The incident is said to have disturbed the public order and consequently the petitioner and some of his other associates were detained under the Act in pursuance of the order passed separately and indivisually against them.

(3.) THIS question is concluded by our decision in Habeas Corpus Petitions Nos.5805 of 1984 Kamlesh Pratap Singh v State of U. P. connected with Habeas Corpus Writ Petition No. 5806 of 1984 Subhash Bhandari v. State of U. P. and Habeas Corpus Writ Petition No. 309 of 1985 Ashok Arora alias Ashoki Thekedar v. State of U. P., decided on February 14, 1985 by a common judgment in which we have held that the incident, which is the basis of the impugned order in the present case, related to public order. It may be stated that the above Habeas Corpus Petitions had been filed by persons who are co-accused with the petitioner in Crime Case No. 1034.