MUSHTAQ ALI Vs. SUPERINTENDENT DISTRICT JAIL

JUDGEMENT

(1.) R. R. K. Trivedi, J. In both the aforesaid petitions questions of fact and law are similar and both the petitions can be decided by a common judgment against which learned Counsel for the parties have no objection. Writ Petition No. 20786 of 1998 shall be the leading case.

(2.) WRIT Petitions have been filed chal lenging orders dated 23-3-1998, which are Annexure 1 to both the writ petitions, passed by respondent No. 2, under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the Act) under which the petitioners have been detained. Petitioners have also challenged the legality of their continued detention.

(3.) THE detaining authority has men tioned in the grounds that on account of the murder of Prem Singh, the officers and employees from different departments of the district approached the detaining authority on 6-2-1998 and apprised him of their fear and feeling of insecurity. THEy also threatened to boycott the Parliamen tary Elections. THE detaining authority has said that in view of the aforesaid reaction among the employees, maintenance of public order and law and order was seriously threatened. It is also said that by the aforesaid occurrence of murder of the Executive Engineer, persons employed in technical services in the entire State, officers and employees of other departments and the public at large fell in a grip of fear and terror. It is also said that petitioners are trying for bail and if they are released on bail, they may again indulge in similar activities which shall be prejudicial to the maintenance of law and order.