Judgment

B. C. RAY, J.:- This appeal by special leave is against the judgment and order passed by the High Court of Judicature at Allahabad in Writ Petitions Nos. 6823 of 1985 and 6522 of 1985 : (Reported in 1987 All LJ 521). The facts giving rise to this appeal are as follows :-

2. The respondent Kamal Kishore Saini was detained under Section 3(2) of National Security Act, 1980 by an order served on him on 28th November, 1985 on three grounds which are stated hereunder :-

(1) That on 4th June, 1985 one Jeet Narain Awasthi, resident of Indira Nagar, Police Station Ghazipur, Lucknow lodged a First Information Report at Police Station Ghazipur that on the night of 4/5th June, 1985 his younger brother Vishnu Narain Awasthi at about 20 hours had left to sleep in house No. 2040 of Indira Nagar, Lucknow occupied by Sri R. S. Raghuvanshi since Sri Raghuvanshi had gone out to Jaunpur, his home town and had entrusted custody of his house to the said Vishnu Narain Awasthi. At 11.00 in the night some persons informed the complainant that his brother had been shot by certain persons and when the complainant reached the spot he found Vishnu Narain Awasthi lying in a pool of blood and he had alrea