16- In the present case, according to police report situation was controlled and was maintained, then he left the village for search of the assailants.Further as per report tension was prevailing in the village for 3-4 days.The petitioners were already in jail.Hon'ble Raghvendra Kumar,J.The detention order was passed on 30.9.2014 i.e. after three months of the incident, hence there was no live and link in the incident and as such detention order itself is liable to be quashed.7- Learned counsel for the petitioners relied the following judgments:Sanawwar Vs.State of U.P. and others, LCrR 1993 page 67 decided on September 10, 1992:"18 We have noticed earlier that the detention of the petitioner has been based on sole incident of murder two persons in the Jungle.The alleged threatening to the witnesses in the same case and the allegation that villagers were fleeing do not amount to breach of maintenance of public order.It was individual act of the petitioner and his associates against individual and the same could not be said to be the grounds of such nature as to lead to any apprehension that the even tempo of the community at large would be endangered by this incident.The question whether a man has only committed a breach of law and order or has acted in a manner likely to cause a disturbance of the pubic order is a question of degree and the extent of the reach of the Act upon the society.The test is whether it leads to disturbance of even tempo and current of life of the community so as to amount a disturbance of public order or does it affect merely an individual without affecting the tranquility of the society."Islamuddin Vs.The State, L.Cr.The assault was committed against two persons, namely Aman Ilahi and Ahsan IIahi who were done to death.No other person was sought to be assaulted.The incident was directed against the members of the same community for the reason that the deceased had failed to deliver possession to the assailants on a shop and a plot of land.From the grounds of detention it is apparent that the same was not a law and order situation but a public order situation as rightly contended by learned counsel for the State.Relevant portion of the grounds of detention reads as follows:"From the letter of the Superintendent of Police Mainpuri and the report of Incharge of the Police Station Kotwali Mainpuri annexed with report of the Additional Superintendent of Police, Mainpuri and from the records annexed therewith, this is evident that you are a person of criminal tendency and in collaboration with your associates, and by creating fear and terror on the force of illegal arms, realize forcibly and illegally money from the traders and property-dealers, you by use of criminal force, by indulging in mar-peet (physical assault) and by resorting to other criminal acts are habitual to commit crime by terrorizing that person whoever opposes these increasing criminal activities, fear and terror psychosis has gripped the minds of the common public.In this very backdrop you for establishing your hegemony, while going on a scooter, along with your other associates on 13.10.2002 at 11.00 a.m. in the busiest market of town Mainpuri, near the Bada Chauraha (crossing) in front of the Shafi Hotel on the road itself and in the day time, stopped Shri Anand Kumar Jain, property dealer and by firing bullets indiscriminately committed his heinous murder in a planned manner.When, at the time of the commission of this criminal act deceased's son Ajai Kumar Jain wanted to save his father, you fired aiming at him who any how or other saved himself by fleeing away.Nobody dared, in the said busy market who could save the deceased from you and your associates.The dead body of the deceased remained lying on the road and bleeding continued profusely.Thereafter parawise comments was prepared on 16.10.2014 which was finally dispatched through speed post on 17.10.2014 to the Central Government.Admittedly the representation was handed over by the petitioner to Jail Authority on 09.10.2014 and the same was received in the office of District Magistrate, Hardoi and on 10.10.2014, the police report was called for.24- In the present case accordingly to the ground of detention on 24.6.2014, when the informant Shatrughan Singh alongwith his brother Udai Bhan Singh, nephew Amar Bahadur, Ram, Pratap Singh, Ajay Pratap Singh were sitting at the door and having some conversation at that time, due to village 'parti- bandi; with pre plan, Raj Kumar Singh with licensed DBBL gun Guddu Singh with country made pistol, Janak Singh with single barrel gun, Rana Pratap with country made pistol, Dharampal and Udai Bhan having lathi, Jagdish Singh alias Dhakku Singh armed with country made pistol(Addhi) came at about 2.00 P.M. They abused and exhorted to kill and they started firing causing grevious injuries to Udai Pratap Singh, Amar Bahadur, Rana Pratap and Ajay Pratap Singh.When Kallu and Rajpal of the same village dared to challenge, they threatened to finish the entire family, again they fired and left the place of the occurrence.Subsequently Amar Bahadur succumbed to injuries.Due to firing people started running helter-skelter to take shelter and closed their doors.No order as to costs.

Sections cited: Section 302 in The Indian Penal Code, Section 307 in The Indian Penal Code