- (1.) HEARD the learned Counsel for the parties.
(2.) THE petitioner has challenged the detention order dated 24-9-2001 passed under Section 3 (2) of the N. S. A. , copy of which has been filed as Annexure-1 to the writ petition. A perusal of the grounds of detention shows that on 25-8-2001 at about 2-55 p. m. the petitioner and his two associates attacked one Jisan and others. Petitioner's associates Faim and Atuallah fired gun-shots due to which Jisan died on the spot. In our opinion this is only a case of law and order and not public order as held by the Hon'ble Supreme Court in the case of 't. Devaki v. Government of Tamil Nadu and others, 1990 SCC (Cri.) 348'.
(3.) FOLLOWING the decision of the Hon'ble Supreme Court, the writ petition is allowed. The respondents are directed to release the petitioner forthwith unless wanted in any other criminal or preventive detention case. Petition allowed. .;