HIRALAL Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) These three petitions have been filed by Sri Hira Lal, Harbansh and Munna Lal who have all been detained by separate orders of the District Magistrate, Allahabad dated 29-3-1989 passed under S.3(2) of the National Security Act on the ground that the petitioners were affecting the maintenance of public order.

(2.) The main contention of Sri Jagdish Singh Sengar learned counsel for the petitioners is that the detention order must fail as the activity of the petitioners is not referable to a problem of the maintenance of public order but is confined to the problem of law and order. Since in all the three petitions one of the activities of the petitioners was of 3rd March, 1989 and was the common activity, learned counsel for the petitioners contends that he was confining his arguments in respect of this activity alone because if he could not succeed in proving that the activity dated 3-3-1989 of the petitioners was not an activity connected with the maintenance of public order, then it would be no use his arguing the case on the basis of other activities. In view of this fact it will be relevant to quote briefly the activities of the petitioners dated 3-3-1989 which translated briefly would be as follows :- "On 3-3-1989 Sri Lal Ji Vaish Chairman of the Town Area Committee along with his friends Kinai Lal and Kanhaiya Lal was sitting at his shop. At about 7 p.m. the petitioners along with associates armed with country made pistol suddenly entered the shop. Harbansh told Lal Ji that he would not be able to save himself on that day. Kinai Lal and Kanhaiya Lal, friends of Lal Ji aforesaid, stood up and wanted to catch hold of the intruders, when Harbansh and Surendra Singh fired upon Kinai Lal with the result that he fell down in front of the shop. Hira Lal also fired on Kanhaiya Lal which hit him on his right below. Harbansh thereafter with a view to kill Lal Ji fired on him but the shot missed and Lal Ji fell inside his room. Another shot fired by Surendra Singh hit Gulab Chandra alias Lallu brother of Lal Ji Vaish. The other associates of the petitioners also fired many shots. Hira Lal shouted that no person should be spared that day. He also come on the road and declared in a loud voice threatening the market people that whosoever gave evidence against them or would report at the police station he would also meet the same fate. All the miscreants thereafter left the place. No one could have the courage to chase them. Kinai Lal had succumbed to his injuries on the spot itself. On the basis of this incident a report under Sections 147, 148, 149, 307, 302 Penal Code for crime No. 14 of 1989 was registered at the police station Koraon in which after instigation charge sheet had been submitted. The ground mentioned that on account of the activity of the petitioners and their associates in which indiscriminate firing was resorted to in an open market, people were threatened with the consequences of the death, the shop keepers left their shops and there was a near stampede in the market out of the fear. Even the traffic was disrupted. Terror prevailed in the entire area as also its surrounding areas. A sense of insecurity and fear was generated in the town and normal life became disturbed. To check the deteriorating situation and to instill the confidence, PAC had to be deployed in the area but still people had the sense of insecurity."

(3.) The ground mentioned in support of the detention order further mentions that the petitioners were in jail but were trying to get released on bail. As there was apprehension that if released on bail in near future they would again indulge in similar activities which were calculated to affect the maintenance of public order, the detaining authority was satisfied that in case the petitioners indulged in similar activities again he would disrupt the maintenance of public order. Consequently with a view to maintain the public order the orders of detention were passed against the petitioners.