The detention order under the National Security Act must demonstrate potentiality to disturb public order, and the Advisory Board's report submission timeline must be calculated from the date of detention.

( 1 ) THIS is a Habeus Corpus Petition under Article 226 of the Constitution of India moved by the petitioner Virendra Pratap Shahi (hereinafter referred to as the detenut1) challenging the validity of the detention order dated 17th November, 1984, passed against him by the District Magistrate, Gorakhpur (hereinafter referred to as the detaining authority) preventively detaining him under section 3 (2) of the National Security Act (hereinafter referred to as the Act ).

( 2 ) THE grounds of detention have been annexed as Annexure lit to the petition. They are, as translated in English, as follows:

(1) That on 6. 8. 1984 Sardar Ajit Singh, resident of Nautanwa, District Gorakhpur, was killed by Sri Kaushal Tewari, son of Sri Han Shanker Tewari, in his Chhaoni, village Sunauli, Police-station Nautanwa, Gorakhpur. In this connection, you went to Nautanwa on 7. 8. 1984 and you yourself took the lead of an agitation against this murder and infusing anger in the people, you made a declaration of a strong agitation. You also appealed to the people to offer a son each to you so that Han Shanker Tewari and other could be dealt with. The above facts are mentioned in daily information diary, Local Information Unit, Gorakhpur No. 45, dated 9. 8. 1984. Thus you infused fear and terror in the people of Nautanwa and instigated them to indulge in violent acts. On 11. 8. 1984, when the dead body of the aforesaid Ajit Singh reached Nautanwa, where the cremation was to take place at 3. 30 p. m. after the post-mortem at Gorakhpur a procession of twenty thousand people was taken out in your leadership. The procession was headed by a jeep, on which an effigy of Sri Han. Shanker Tewari, your rival leader, was placed. It was written on the said effigy Notorious Murderer Han Shanker Tewarit1. In the right hand of this effigy, a fake pistol was shown and a fake pistol was also shown hanging around the waist. A garland of shoes was put on the effigy. The following slogans were being raised in this procession: vv2 gjh kadj dh rhu nokbz]twrk pliy vksj fivkbz! cv2 uksryok us yydkjk gs] gjh kadj gr;kjk gs! 1/2dkskyokdksqkalhnks] etc, etc. This procession was taken out throughout the township of Nautanwa. The same day at 6. 00 p. m. on the cremation ground of Nautanwa, you addressed a meeting of about ten thousand people and delivered inflamatory speech. Some extracts of your speech are as follows: The death of Sardar Ajit Singh demands sacrifice and his death has resulted into a new awakening in the people of this place. You have made me your representative, and therefore, I thought that to keep peace in the area I should not use you people but I would settle scores else where but now there will be no delay. I myself shall face this terrorist, and, if the administration does not arrest the murderer of Ajit Singh within fifteen days, I shall settle scores with guns. You also said that the mistake that has been made is over and now there shall be no delay. You also appealed to the people and said that if you have to die, die 8 and 10 together. You sought the cooperation of the youth and said that how many young lives shall be lost in this agitation cannot be said. The effigy of Sri Han Shanker Tewari was burnt at 8. 00 p. m. in the night near the house of his nephew (sisters son) in the township of Nautanwa. The above facts have been mentioned in the Daily Information Diary No. 47 dated 14. 8. 1984 of Information Unit, Gorakhpur. Thus by the aforesaid inflamatory speech, you incited the people to violence and as a result several incidents of violence followed in Nautanwa township. They are as follows: That on 12. 8. 1984 at about 11. 00 a. m. , the available copies of Daily Jagran were collected from shop and were burnt by your followers who felt that this daily newspaper had shown disrespect to your views. The information of this incident was given to the district administrative authorities through C. P. O. Sunauli vide R. G. No. C. P. O. M/s