Judgement

B. C. RAY, J.:- Special leave granted. Arguments heard.

2. This appeal by special leave is directed against the judgment and order of the High Court of Allahabad dated 26th March, 1987 in Habeas Corpus Petition No. 17849 of 1986 dismissing the writ petition and confirming the order of detention passed against the appellant by the District Magistrate, Allahabad.

3. The respondent No. 2, District Magistrate, Allahabad clamped upon the appellant an order of detention under S. 3(2) of the National Security Act, 1980 and the appellant was detained at Central Jail, Naini on October 10, 1986. On the same day the grounds of detention were served on, the appellant. Two grounds of detention mentioned in the grounds of detention are stated hereinbelow :-

(1) That the appellant on 2-10-1986 threatened the shopkeepers of Khalasi Line locality in order to extort money and was saying that appellant could not come for the last auction because the police were present on that occasion and that the shopkeepers had not given the appellant the money received in the above auction. Further that the shopkeepers should collect money and give it to the appellant or else the appellant would shoot all of them. As a result of this the place was terror-stricken and the shops and houses closed down. A report of this incident was made by the picket employed at police station Kydganj, i.e. report No. 38 time 20. 10 dated 2-10-86. This was investigated by Dev Shankar, S.I. of police station Kydganj and the details written in report No. 2 time 00-30 dated 3-10-86 in the general diary as Case Crime No. 248/86, S. 307, I.P.C. and case crime No. 249/86, S. 4/5 Explosives Act, Police Station, Kydganj, Allahabad.

(2) On 3-10-1986, the appellant armed with illegal bombs went towards Uttam Talkies, Kydganj, Allahabad with the intention of committing serious offence. On information being received, the police went to arrest the appellant. That the appellant with the ,intention to kill lobbed a momb but the police party escaped it by a hairs breadth and the bomb explosed. As a result of this there was a stampede in the public, the doors and windows of the houses and shops closed down, the traffic stopped and the people were terrorstricken. The police arrested appellant on the spot and recovered 3 illegal bombs from the appellant.

4. The appellant has also been supplied with a copy of a confidential letter written by the Superintendent of Police, Allahabad to District Magistrate, Allahabad dated 9-10-1986. The said letter was written by the Superintendent of Police on the recommendation of the Station Officer, Kydganj, Allahabad on 5-10-1986. The appellant has also been supplied with the copy of the report No. 38 in which it is alleged that the appellant threatened the shopkeepers of Khalasi Line in an attempt to extort money. He was also supplied with the copy of the report which was registered as Case Crime No. 248 of 1986 under S. 307, I.P.C. and Case Crime No. 249 of 1986 under S. 4/5 of the Explosives Act. The appellant made representation against the grounds of detention before the authorities concerned but his representation was rejected and the order of detention was confirmed.

5. The appellant challenged the order of detention by a writ of habeas corpus before the High Court of Allahabad on the ground inter alia that the grounds of detention are absolutely vague and there is complete non-application of mind by the detaining authority in coming to the subjective satisfaction, that the order of detention passed on the appellant while he was in custody is wholly arbitrary and unwarranted and the two. cases disclosed in the grounds of detention relate to law and order problem and not to the disturbance of public order. The criminal proceedings pending in respect of the case should not have been by-passed by taking. recourse to the order of detention of the appellant who is already in custody and there was no likelihood nor any possibility of his indulging in activ