NAUSHEY Vs. DISTRICT MAGISTRATE JALAUN AT ORAI

JUDGEMENT

(1.) R. R. K. Trivedi, J. In both the aforesaid habeas corpus writ petitions question of fact and law are similar and they can conveniently be considered and decided by a common order against which learned counsel for the parties have no objection. The habeas corpus writ petition No. 3328 of 1999 will be the lead ing case,

(2.) PETITIONERS of both the aforesaid writ petitions have challenged their deten tion under separate orders dated 3-9-1998 passed by the District Magistrate, Jalaun at Orai, under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act ). Alongwith the order of deten tion petitioners were also served with the grounds of detention on which basis the detaining authority formed his subjective satisfaction for detaining the petitioners under the Act.

(3.) IT has also been stated That on 3-5-1997 petitioner Naushey, alongwith his companions, Kalian and Rais Pathan murdered Gulley Mehtar son of Bal Kishan and injured Lale son of Babu at 12. 30 p. m. by using fire-arms. In this con nection a case was registered as case crime No. 457 of 1997, under Sections 302 and 307, I. P. C. at P. S. Kotwali, Orai. After in vestigation charge-sheet has been sub mitted in the Court and case is under con sideration of the Court. The detaining authority on the aforesaid grounds felt satisfied that with a view to prevent petitioners from acting in manner prejudi cial to the maintenance of public order it was necessary to make an order of detention. The petitioners were also informed That against the order of detention they have a right to make representation to the State Government, Advisory Board and the Central Government. Their repre sentations may be submitted through Su perintendent of Jail. The petitioners were also informed that their case shall be referred lo the Advisory Board when they may claim personal hearing which may be communicated by making an application to the Superintendent of Jail