ABDUL MALIK Vs. ADHIKSHAK, JANPAD KARAGAR AND ORS.

JUDGEMENT

(1.) THE above -noted three petitions raise a common question for consideration hence, as agreed by learned Counsel, they have been heard together and are being disposed of by a common order. Minor difference regarding certain dates, which would make no material difference, shall be indicated at the relevant place.

(2.) PETITIONERS are detained under Section 3(2) of the National Security Act, the detention order of the Petitioner Abdul Malik is dated 18.5.1998, the detention orders of the Petitioners Abdul Khalik and Abdul Rashid have been passed on 20/21.5.1998. The order of detention of Abdul Malik indicates three grounds of detention mentioning an incident which occurred on 27.2.1998 in respect of which a Case Crime No. 217 of 1998 under Section 307, I.P.C. was registered at Police Station Haldwani, district Nainital. The other incident is dated 19.3.1998 in respect of which a Case Crime No. 74 of 1998 was registered at Police Station Bhojipura, district Bareilly under Sections 147, 148, 149, 427, 307 and 302, l.P.C. The incident mentioned in ground No. 3 is dated 8.4.1998 in connection whereof a Crime Case No. 351 of 1998 under Sections 147, 148, 149, 307, 352, 353, 242, 224, 225. 511, 427, 504 and 506, I.P.C. was registered at Police Station Haldwani. In so far as the other two Petitioners, namely, Abdul Khalid and Abdul Rashid are concerned there was an additional ground relating to an incident dated 4.10.1995 in connection with Crime Case No. 1187 of 1995 was registered under Sections 307, 506, 342 and 302, I.P.C. at Police Station Haldwani, district Nainital.

(3.) WE have heard learned Counsel for the Petitioners as well as learned Counsel appearing for State of U.P. and the Union of India. We have also perused the counter -affidavits filed on behalf of the State Government and the Central Government.