- (1.) Heard Sri Birendra Singh Khokher and Sri B.R. Singh, learned counsel for the petitioner, Sri Sudhir Mehrotra, learned A.G.A. appearing on behalf of accused-respondents Nos. 2, 3, 4 and 5 and Sri Ram Dular appearing on behalf of Union of India (respondent No. 6).
(2.) This Habeas Corpus Writ Petition has been filed by the petitioner Anshul with the prayers that : 1)issue a writ, order or direction in the nature of Habeas Corpus setting aside the detention order of the petitioner dated 11.1.2012 passed by the District Magistrate, Gautam Buddh Nagar (Annexure-1 to the writ petition) and release the petitioner forthwith. 2)issue any other suitable writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of the present case. 3)award cost to the petitioner.
(3.) The facts, in brief, of this case are that the District Magistrate, Gautam Budh Nagar passed the order dated 11.1.2012 in exercising the powers conferred under section 3(3) of the National Security Act, 1980 (hereinafter referred to as ' NSA" )by which the petitioner has been detained in district Jail Ghaziabad under section 3(2) of NSA by referring the grounds of detention also under section 8 of NSA. The order of detention and its grounds dated 11.1.2012 were communicated to the petitioner through Superintendent, District Jail Ghaziabad where the petitioner was already admitted in jail on 13.10.2011 in Case Crime No. 682 of 2011 under sections 364-A, 120-B, 34 I.P.C., Police Station Sector 20, NOIDA, Gautam Budh Nagar and Case Crime No. 121 of 2011 under section 364A I.P.C., Police Station Sector 39, NOIDA Gautam Budh Nagar and in Case Crime No. 705 of 2011 under section 25A of the Arms Act, Police Station Kasna, District Gautam Budh Nagar through judicial custody warrants. Thereafter judicial custody warrants were issued against the petitioner in Case Crime No. 703 of 2011 under sections 147, 148, 149, 307 I.P.C., Police Station Kasna, District Gautam Budh Nagar and Case Crime No. 259 of 2011 under sections 392, 411 I.P.C., Police Station Mansoorpur, District Muzaffar Nagar. Thereafter remand order/ custody warrant in case crime No. 121 of 2011 under section 364-A IPC, P.S. Sector 39, Gautam Budh Nagar also received on 17.11.2011.;