ANIL KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Anil Kumar Singh alias Black Tiger petitioner (hereinafter referred to as detenu) has presented this Habeas Corpus writ petition under article 226 of the Constitution to challenge his detention under the detention Order dt 4-9-1984, passed by District Magistrate, Varanasi under S.3(2) of the National Security Act, 1980 (No. 65 of 1980) (hereinafter referred to as the Act) with a View to prevent him from acting in any manner prejudicial to the maintenance of the public order.

(2.) The detenu was arrested on 24-7-84. He was served with the detention order dated 4-9-84 in District Jail, Varasansi on that very day. The grounds of detention were also served on him simultaneously. Those grounds are three in number. Their English translation is as follows: -

(3.) On 24-7-84 on receiving information about the presence of detenu with an illicit arm at Ahilyabai Ghat, the police arrived there at about 4.00 a.m. to arrest the detenu. On becoming aware of the police party, the detenu prompted his companion Vijai by saying Simultaneously, the detenu fired at the police party with the intention of killing them, but they had a providential escape. The police party managed to arrest the detenu on the spot. Two crime.. cases No. 135, under S.307, IPC and number 36, under S. 25, Arms Act were registered against the detenu. It was alleged that the above activity of the detenu terrified the persons present at the Ghat and they all ran helter-skelter into the adjoining Galis. Public order was disturbed.