Judgment

S. RATNAVEL PANDIAN, J.:- Leave granted in the Special Leave Petition.

2. This appeal is against the judgment and order dated 12-12-89 in Habeas Corpus Writ Petition No. 13644/89 (reported in 1990 Cri U NOC 36) passed by the High Court at Allahabad dismissing the writ petition filed by the appellant, Vashisht Narain Karwaria, the detenu herein.

3. The District Magistrate, Allahabad, in exercise of powers conferred on him under Section 3(3) of the National Security Act 1980 (hereinafter referred to as Act) passed the impugned order of detention on 31-3-1988 against the detenu on reaching his requisite subjective satisfaction on consideration of the materials placed before him that it had become necessary to pass the detention order with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order.

4. The salient and material facts which necessitated the detaining authority to pass the impugned order, as set out in the grounds of detention are as follows:

On 30-3-1988 at about 3.30 p.m. the auction of liquor shops for the sale of Indian made foreign liquor was held in the campus of Collectorate at Allahabad. A large number of bidders were present. Among them, the detenu along with his three other associates also participated in the auction. At about 3.30 p.m. the auction of the liquor shop within the area of Mooratganj took place. For this shop the first bid was from one Ajai Kumar for Rs. one lakh. The next bid for the same shop was of Chedi Lal for Rs. one lakh and ten thousand. The moment the said two persons made their bid, the detenu along with his associates stood up in the presence of all prospective bidders and told Ajai Kumar, Chedi Lal and others that the above said shop fell within his area and, therefore, if anybody dared to bid the shop in the auction he would shoot him and also the entire members of his family. So saying the detenu along with his associates advanced towards Ajai Kumar and. Chedi Lal threatening them with dire consequences. This created terror and panic among all the bidders. As the situation was becoming worse, Shri Rana Pratap Singh Station House Officer along with other police officials advanced towards the detenu and his associates to apprehend them. On seeing the police party advancing, the detenu fired at the police party with his country made pistol. Fortunately, no body was hurt. The detenu, however, escaped on being chased by the police party. The detenu fired another two shots and hurled bombs on the police party while fleeing away. His repeated firing and explosion of bombs created further panic and the people assembled for bidding the auction started running away and the nearby shopkeepers pulled down. their shutters of their shops. The vehicles parked there fled away. Thus the public order was completely disrupted. In connection with this incident, a case was registered in crim No. 221 / 88 in the Colonelganj Police Station under Sections 307 and 506 of Indian Penal Code. The case is still under investigation.

5. On the basis of the above material the detaining authority on being satisfied that there was apprehension of commission of act of violence at the hands of the detenu, which would be prejudicial to the maintenance of public order, passed this impugned order and directed the detenu to be kept under detention.

6. Admittedly, along with the ground of detention 4 documents were enclosed and served on the detenu. Those documents are:

(1) Report of S.S.P. Allahabad dated 31-3-1988.

(2) Report of the S.H.O. Colonelganj Police Station.

(3) Copy Chik No. 199, Crime No. 221 of 1988 under Section 307-06, I.P.C. in Colonelganj Police Station, Allahabad.

(4) Copy of G.D. No. 37 relating to the aforesaid offence.

7. The detenu challenged the validity of this order before the High Court. but became  unsuccessful. Feeling aggrieved by the impugned judgment, this appeal is now preferred.

8. Mr. R. K. Jain, the leaned, Sr. counsel appearing on behalf of the