NAGENDRA RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this petition under Article 226 of the Constitution of India, the petitioner challenges his detention under an order dated 24-4-97 recorded by District Magistrate, Azamgarh, under Section 3(2) of the Natonal Security Act (for short, the NSA). His continued detention under the said provision is also challenged and a prayer has been made for quashing the order of detention and for a direction for his release forthwith.

(2.) The order in question was recorded by the District Magistrate, Azamgarh, on 24-4-1997 which stated, that it was necessary for the prevention of acts prejudicial to public order to detain the present petitioner in custody under the NSA of 1980. The detention order was appended with the grounds of detention (Annexure 2 to the writ petition). It was stated therein that on 19-4-1997 at about 7 p.m. the applicant had taken out the licensed gun of his brother and had gone to the house of Ram Samajh due to some old enmity over fishing. It was stated that the petitioner had shot dead the wife of Ram Samajh and had also seriously injured her son. As a consequence, the public in general felt panicky and a situation was created affecting public order. It was stated that the people started fleeing their house in fear. In para 3 of the grounds it was stated that the applicant was in jail at Azamgarh on 24-4-1997. There was, possibility of a bail application being filed by him and there was further possibility that after his release he would indulge in activities prejudicial to the maintenance of public order.

(3.) Although a question was raised whether the act complained of would be one merely affecting law and order and not affecting public order, the main point on which the application was pressed was lack of satisfaction on the part of the District Magistrate on the four points necessary for detaining a person under a Preventive Detention Act while he is already in custody.