- (1.) Heard Sri N.I. Jafri, Advocate, assisted by Md. Muzzammil.I.Qureshi, learned counsel for the petitioner, Sri Atma Prakash Tripathi, learned Central Government Standing Counsel for the respondent no.1 and Sri Patanjali Mishra, learned counsel for the respondent Nos. 2,3, and 4.
(2.) This Habeas Corpus Writ Petition has been filed by the petitioner, praying for setting aside the detention order dated 13.07.2020 passed by the District Magistrate, Jaunpur, under Section 3(2) of National Security Act, 1980 and the order of Communication by way of radiogram/crash dated 01.09.2020 containing the order of the confirmation by the State Government.
(3.) Briefly stated facts of the case are that against the petitioner, an F.I.R. dated 10.06.2020, being Case Crime No. 154 of 2020, under Sections 147, 148, 149, 307, 452, 323, 504, 506, 436, 427, 429, 34, 188, 269 I.P.C., Section 7 of the Criminal Law Amendment Act, 1932, Section 3(2)(V) of the SC and ST Act, 1989, Section 3 of Prevention of Public Property Damages Act, 1984, Section 3 of Epidemic Act, 1897 and Section 51 of Disaster Management Act, 2005 was registered along with 56 named persons, on account of an incident dated 09.06.2020 at 5.00 P.M. The petitioner has been granted bail in Case Crime No. 154 of 2020 by the Additional District and Session Judge (SC/ST Act), Jaunpur. Case Crime No. 156 of 2020, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention Act) 1986, Police Station Sarai Khawaja, District Jaunpur, was also registered against the petitioner in which the petitioner has been granted bail on 26.08.2020 by the Additional District and Session Judge-V (Gangster Act), Jaunpur.;