S.H.A. Raza and R.P. Nigam, JJ. - (1.) As common question of law and facts are involved in both these writ petitions, hence the petitions are being disposed of by this common judgment.
(2.) The present Habeas Corpus petitions have been filed against the order of District Magistrate, Udhamsingh Nagar dated 19.2.2000, detaining the petitioners under Section 3 (2) of the National Security Act. The ground of detention discloses that the petitioners have formed a gang with certain persons in the Tarai and Hill areas of the State. They bring animals illegally for slaughtering them at Moradabad and carry on such a business as a result of which the passion of the persons belonging to Hindu community and their religious feelings are hurt and public order is disturbed. At the relevant time the petitioners were found carrying on the cows, as well as the bulls, on the truck, which was intercepted by the police and the petitioners were arrested under Section 5 of the U.P. Prevention of Cow Slaughter Act. It has been brought to the notice of this court that the petitioners were released on bail for the reasons, that although they were found to be carrying on cows and bulls but it was not indicated in the F.I.R., that cows and bulls were being transported for the purposes of slaughtering them.
(3.) The main thrust of the petitioners in these writ petitions is that the District Magistrate was swayed while passing the impugned order by extraneous consideration. The sponsoring authority has stated that the petitioners have formed a gang with certain persons and while carrying on the flesh business of cows and bulls. Similar averments have been made in the ground of detention. It was asserted in the writ petitions that the petitioners have no criminal antecedents and the averments in the ground of detention as well as in the report of the sponsoring authority that they have formed a gang with certain persons was a extraneous materials which prompted the District Magistrate to pass an order of detention. Meaning thereby that his subjective satisfaction in passing the order of detention was passed on extraneous material or consideration.;