(1.) IN view of the opinion of the majority, the petition succeeds and is allowed. We direct the respondents,not to keep the petitioner under detention in pursuance of the order of the District Magistrate, Allahabad dated 10-9-1984, and to release him from custody forthwith unless he is required to be detained in connection with any other case. This is a petition for the issue of a writ of habeas corpus. It has been referred to us for decision as it involved question of law of general importance.
(2.) THE petitioner was detained in Central Jail Naini, Allahabad under the order of the District Magistrate, Allahabad dated 9-8-1984 passed under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act). THE aforesaid order of detention was approved by the State Government under Section 3 (4) of the Act on 18-8-1984. THE petitioner filed habeas corpus writ petition No. 10159 of 1984 challenging the legality of his detention which was admitted by this Court on 21-8-1984. THE order of the District Magistrate, Allahabad dated 9-8-1984 under Section 3 (2) of the Act was subsequently revoked by the District Magistrate, Allahabad by his order dated 9-9-1984 and the District Magistrate, Allahabad passed a second order of detention against the petitioner under Section 3 (2) of the Act on 10-9-1984 which was served on the petitioner in jail on 10-9-1984 along with the grounds of detention and other relevant material. THE petitioner is confined in Central Jail, Naini, Allahabad under this order of detention.
(3.) IT is mentioned in the second ground of detention that on 11-2-1984 at 11.30 a. m. in village Chak Tejau the petitioner along with his associates armed with guns fired at Ram Chandra Dixit which resulted in his death and looted his gun. The aforesaid incident created fear in the public of the vicinity and adversely affected public order, Case Crime no. 72 of 1984 under Sections 147/149/302/404 IPC was registered at Police Station Naini, Allahabad regarding the aforesaid incident and after investigation charge-sheet was submitted and the case is pending in Count.
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