SURESH JAISWAL Vs. DISTT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) SURESH Jaiswal son of Kamta Prasad has directed this petition against his preventive detention under the provisions of the National Security Act. 1980. The order of detention was passed on 6-9-85, a copy of which is Annexure no. 1. Grounds of detention served upon the petitioner are contained in Annexure no. 2.

(2.) THE order of detention is baaed on two occurrences in which the petitioner was allegedly involved. THEse first occurrence is alleged to have taken place on 13-11-84 at 2.45 p.m. Report of this occurrence was lodged the same day at 16.05 hours by the victim of the occurrence Shiva Kumar son of Sukh Ram. In the report the informant has stated that he was standing near the office of Nagar Mahapalika Lucknow, at about 2.45 p.m., along with Radhey Raman Singh and Uma Shanker. At this time the petitioner, Shanker Dey, Sharik, Bablu and two others came there on jeep No. USS 4180 and started firing from the revolvers which they were carrying. A pellet struck the back side of Radhey Raman Singh's head. THE occurrence was alleged to have taken place on account of the enmity which the main assailants bore with the informant. It is stated that as a remit of the firing people ran helter skelter. THE assailants were alleged to belong to the group of Subhash Bhandari and Ram Gopa).

(3.) IN the second ground of detention the main allegation is that the petitioner fired upon the police personnel who had gone to the place of occurrence in the discharge of their official duty. The learned counsel for the State has submitted that attack on police personnel is a matter related not to only law and order but to public order. IN support of his submission he has placed reliance on 1985 AL3 132, Shiva Shanker v. INcharge Police Station Hasanganj, Lucknow and 1985 ALJ 1151, Kali Charan v. State of Uttar Pradesh.