- (1.) M. Katju, J. This writ petition has been filed against detention order dated 2-2-2002 Annexure 1 to the petition passed under N. S. A. We have heard learned counsel for the parties.
(2.) A large number of grounds have been taken in this petition. In our opinion the very first ground is sufficient to allow this petition. A perusal of the grounds of the detention shows that the allegations against the petitioner is that the petitioner and other took of a banner and fired which killed two persons. It is alleged that this caused panic and terror in the locality and public order was disturbed. Hence the detention order has to be passed. This Court in Nizamuddin v. State of U. P. , 2002 (1) JIC 412 (All) : 2002 (44) ACC 593 relying on the decision of the Supreme Court in T. Devaki v. Government of Tamil Nadu, 1990 (1) JIC 832 (SC): 1990 SCC (Crl.) 348, Mustak Miya v. M. M. Mehta, 1995 SCC (Crl) 454 and Tarannum v. Union of India 1998 (1) JIC 480 (SC) : 1998 (36) SCC 417, has held that it is a case of law and order and not public order. The Court also held that the mere allegation that the assailants created terror in the locality was only to colour to the case and creates impression that the case of public order.
(3.) FOLLOWING the above decision, it is the case of the law and order and not public order. Hence this petition is allowed. The impugned detention order is quashed. The petitioner shall be released forthwith unless required in some other criminal or preventive detention case. Petition allowed. .;