- (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner is challenging the impugned detention order dated 2-2-2001 passed under Section 3(2) National Security Act. Several grounds have been taken in the petition, but since we are allowing the petition on the very first ground it is not necessary to go into the other grounds. The petitioner is a bus driver who is a Muslim. On 10-1-2001 he was driving his bus. At 2.30 p.m. there was a collision between the bus and a cyclist Manoj, and Manoj sustained injuries. It appears that Muslims came to support the petitioner and Hindus came to support Manoj and there was stoning and some quarrel.
(3.) IN our opinion this was not a proper ground for passing the detention order. Section 3(2) of the National Security Act states: “The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State of from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained.” ;