JUDGMENT

SABYASACHI MUKHARJI, J. :— Criminal Appeal No. 317 of 1986 arises out of the judgment and order of the High Court of Patna and the Writ Petition No. 316 is in respect of the same detenu. Both these challenge the order of detention dated 2nd Jan. 1986 passed by the respondent No. 1, The District Magistrate Dhanbad in respect of the petitioner under S. 3(2) of the National Security Act, 1980, hereinafter called the Act on the ground that the petitioners activities were prejudicial to the maintenance of public order. Several criminal cases had been filed against the petitioner between 3rd Jan. 1983 to 18th Feb. 1985. On or about 2nd Jan. 1985 the order of detention was passed on an incident relating to the exchange of fire between two rival groups. The order states the grounds as follows :

1. On 24-12-1985, between 10 and 10.30 A.M. the subject along with Ramashish Bangali, Gulam, Rambriksha armed with Rifle, gun etc. came in Car No. BHG-9372 on Katras Coal Dump and started indiscriminate firing to kill Birendra Pratap Singh a rival of his clandestine business of coal to establish his criminal superiority in full view of the shopkeepers, customers and passers-by of the area. B