R.R.K.TRIVEDI, J. - (1.)This habeas corpus writ petition under Art. 226 of the Constitution of India has been filed by petitioner Rajeev Bhatia challenging the order of detention dated 4-12-1997, Annexure 7 to the writ petition, passed by respondent No. 2, District Magistrate, Kanpur Nagar, u/S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) and order dated 15-12-1998, under S. 3(4) of the Act and order dated 20-1-1997, under S. 12(1) of the Act, both passed by respondent No. 1. The petitioner has also prayed for a directions to the respondents to set him at liberty forthwith.
(2.)The impugned order dated 4-12-1997 was served on the petitioner in district jail, Kanpur Nagar on 5-12-1997. Along with the order of detention, petitioner was also served with the grounds for passing the said order by respondent No. 2. In the grounds, inter alia, it has been stated that on 6-11-1997, at 2.00 p.m. Mohit Kumar Balmiki, Pappu and Vijai Dhobi came on a scooter to the tempo stand office, Sarsaiya Ghat, Kanpur Nagar, and were talking to Prakash Narain Kureel. After five minutes, petitioner along with his companions Sushil Kumar, Jitendra alias Babua Tiwari Tala alias Uma Shankar Balmiki and Sumit Tripathi came in a green Maruti van bearing registration No. UP-78 J-6795. All of them alighted from the Maruti van and fired from country made pistols and in order to kill Vijai Dhobi, hurled two bombs which exploded near room of Prakash Narain. Pappu received fire-arm injury in his hand. Pappu, Mohit and Vijai Dhobi along with Prakash Narain Kureel Went inside the room, petitioner and his companions fired indiscriminately and threw bombs on account of which panic prevailed in Mohalla Sarsaiya Ghat. People ran helter-skelter. Those who were on road turned back their vehicles and started running away, tempo drivers and rickshaw-pullers left their vehicles and started running, commotion and fear prevailed all around. At this point of time a police jeep arrived seeing which all the five persons including the petitioner left the place in the Maruti van and went towards Phoolbagh.
(3.)Prakash Narain Kureel lodged report of this occurrence in Police Station Kotwali which was registered as case Crime No. 343 of 1997, under Sections 147/148/307, I.P.C.