( 1 ) ON a difference of opinion between the two learned Judges of the Division Bench, who heard this Habeas Corpus writ petition, the following question has been referred for the opinion of a third Judge. This is how this case has come up before me.

( 2 ) THE question, referred is: do the grounds of detenion of the petitioner relate to public order or to law and order?

( 3 ) THE petitioner is detained under an order of the District Magistrate, Kanpur (Dehat) dated 31-12-1981 passed under Section 3 (2) National Security Act, 1980 (briefly the Act), with a view o preventing him from acting in a manner prejudicial to the maintenance of public order.

( 4 ) THE detention of the petitioner is based on the following three grounds No. 1, On 25th december 1981 at about 6-30p. rn, the petitioner and his associate Onkar Singh held up Chandra sekhar and Pati Ram residents of Mooda Khera, police station Sikandra District Kanpur Dehat, at pistol point on the public way known as Mughal Road near village Preetarnpura, while they were returning home after selling paddy in the market at Aurraiya, and forcibly relieved Chandra sekhar of his cycle, gold ring, wrist watch and Rs. 700/- cash and Pat) Ra

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