VIJAY BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. R. K. Trivedi and Naseemuddin, JJ. Heard learned counsel for the petitioner and Sri Mahendra Pratap, learned counsel appearing for respon dents.

(2.) THIS writ petition has been filed challenging order dated 30th March, 1998 passed by District Magistrate, Kausambi under Section 3 (2) of National Security Act, 1980, hereinafter referred to as 'act', under which the petitioner has been detained. Petitioner was also served with the ground of detention on which basis respondent No. 3 formed his subjective satisfaction for passing the impugned order. From perusal of the grounds, it ap pears that on 14th March, 1998 at 3. 00 p. m. one Harchatti Lal alias Nagendra was murdered allegedly by the petitioner and others on account of enmity stated therein.

(3.) WE have considered the submis sions of the learned counsel for the parties and also perused the material on record and, in our opinion, the facts stated in the grounds, only discloses the problem of law and order and not public order. There is also no material on record to show that the petitioner had made any attempt to come out on bail and satisfaction in that connec tion also does not appear based on any material. It is also noteworthy that on similar allegations another accused in the case namely Kalka was also detained, who has been released as Advisory Board did not find sufficient cause for detention. In the circumstances, petitioner is entitled for release.