BRIJVEER Vs. STATE OF U P

JUDGEMENT

(1.) THE questions of fact and law are similar in the aforesaid writ petitions and they can conveniently be decided by a common order against which learned Counsel for the parties have no objection. THE habeas corpus writ petition No. 7307 of 1999 shall be the leading case.

(2.) PETITIONERS of aforesaid writ peti tions have challenged the orders dated 19-11-1998, passed separately againsteach of them, under Section 3 (2) of the Nation al Security Act (hereinafter referred to as the Act) under which they have been detained. Along with the orders of deten tion the petitioners were also served with the grounds, which are similar. In leading case the impugned order of detention dated 19-11-1998 has been filed as An-nexure-4 and grounds on which subjective satisfaction has been formed by the detain ing authority has been filed as Annexure-5.

(3.) IT has been further stated that petitioners surrendered on 3-11-1998 before the Court and presently they are in custody and have been lodged in jail in connection with case crime No. 272 of 1998, under Section 147/452/376/342/354/395/323, I. P. C. and case crime No. 280 of 1998, under Section 506, I. P. C. IT is stated that there is possibility that petitioners will be released on bail very soon and they will again indulge in similar activity which may cause serious prejudice to the main tenance of the public order. The detaining authority recorded his satisfaction that in the aforesaid facts and circumstances with a view to prevent the petitioners from ac ting in any manner prejudicial to the main tenance of public order it is necessary to detain them under the provisions of the Act.