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1988 Supreme(SC) 486

L.M.SHARMA, N.D.OJHA
Yogendra Morarji – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.Subhashini, B.DUTTA, DALVIR BHANDARI, YOGESHAR PRASAD

Judgment

SHARMA, J. :- The writ petitioner has by the present application under Article 32 of the Constitution challenged the order of his detention dated 7-12-1987, passed under S. 3(2) of the National Security Act, 1980. Earlier he, had unsuccessfully moved the Allahabad High Court under Article 226.

2. The District Magistrate has mentioned three incidents in the grounds served on the petitioner : (i) the petitioner is alleged to have fired with his revolver at one Sri Azam with the intention to kill him but he narrowly escaped. As a result of this attack at 5.00 P.M. on 17-12-1986, according to the detaining authority, "terror spread over in the entire area and all the shopkeepers who had their shops in the nearby locality closed down their shops out of panic and fear. This incident created a public order problem;" (ii) the petitioner is said to have made another bid on 21-6-1987 to kill another person named Aziz who also narrowly escaped; and (iii) on 27-7-1987, at about 7.45 P.M. the petitioner with his colleagues killed Shri Aziz in front of the Lucknow District Jail. The persons who were present there ran away out of fear. The Jail Authorities returned the fire and the petitio












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