VINOD PRASAD, J. - (1.) CHALLENGE in this Habeas Corpus Writ Petition by the detenu petitioner Shahzad s/o Hazi Istiyaque R/o Nagla Baari, P.S. Ramgarh, dis­trict Firozabad, is his detention order dated 30.6.2008, passed by Detaining Authority District Magistrate, Firozabad, respondent No. 2, in exercise of his power under sec­tion 3 (3) of National Security Act 1980 (Act No. 65 of 1980) annexure 1, to this Habeas Corpus Petition.
(2.) A ghastly and mind boggling in­cident occurred on 14.5.2008, on which date Km. Nisha alias Guddi, an adolescent girl aged about 11 years, daughter of Pramod Kumar Kushwaha, left her house at 9.00 a.m. to purchase hair band in a locality shop. While she was passing in front of Salam Waris alias Gattey's house in Mohalla Bari Chhapaiti, within the area of P.S. South, district Firozabad, she (Nisha alias Guddi) was dragged inside his house by said Salam Wans alias Gattey, who not only ravished her chastity but thereafter murdered her, thrusted his corps into a plastic bag and disposed it off in a sewer­age drain. The dead body of the unfortu­nate deceased girl was recovered on 16.5.2008, which resulted in lodging of a FIR of Crime No. 209 of 2008 by Smt. Kanti Devi, mother of the deceased, on the same day at P.S. South, district Firozabad, under section 364,302,201IPC. Registration of crime commenced the investigation, during the course of which statements of witnesses Man Singh, Chandra Bhan Singh, Vijai Anand, Mahesh Kumar were penned clown. Post Mortem Report was copied, statement of doctor who had conducted the autopsy on the body was noted and such investigation re­vealed the complicity of Salam Waris alias Gattey as the main perpetrator of the afore­said crime. Investigation also revealed complicity of Jainul as socio criminis in the said dastardly cowardice act of murder and concealment of dead body, as the role of aforesaid Jainul was to help Salam Waris alias Gattey in putting the corps of the de­ceased in a bag and disposing it off in a sewerage drain at Chandrawar gate, from which place the dead body was recovered on 16.5.2008.
(3.) SALAM Waris alias Gattey when was arrested on 21.5.2008 in connection with the said crime that the detenu petitioner along with his 50-60 associates formed an unlawful assembly and led a demonstration protesting against the arrest of Salim Waris alias Gattey and in that protest attacked Laxmi Narayan Kushwaha at 12 noon by blunt object and also resorted to murderous assault by firing at him. FIR of the said assault was lodged on the same day i.e. 21.5.2008 at 1 p.m. at P.S. South, district Firozabad by Laxmi Narayan Kushwaha himself, mentioning the detenu petitioner and seven other persons, as the malefactors, which FIR by was registered as Crime No. 218 of 2008, under sections 147,148,149,307,323,506,336, 504,382 IPC and section 7 of Criminal Law Amendment Act. The activity of the detenu petitioner along with the co-accused persons breached and disturbed public order and pervaded communal tension. In the afore­said crime recorded statements of Laxmi Narayan Kushwaha, Pramod Kumar Kushwaha and Kanti Devi indicated that because of daring activity of the petitioner with his associates a sense of terror and insecurity imbibed in the minds of the public, shops were closed, doors and win­dows of the houses were closed and even tempo of the public life, public peace and tranquility were shattered. To maintain public order, extra police force and PAC were requisitioned from various police stations and were deployed in the said area Ban Chapaiti, which fact was also recorded in GD No. 21 dated 21.5.2008 at 10 a.m.;