K.K. Mishra, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, a prayer has been made for quashing the impugned detention order dated 28.8.2003 passed by the District Magistrate, Moradabad, respondent No. 3 under section 3(2). of the National Security Act, 1980.
(2.) In the grounds of detention, it is stated that the petitioner is a hardened criminal and is involved in many criminal activities. The petitioner with his associates habitually committed many heinous crimes And general public is terrorised and fearful of his activities. Due to the criminal activities of the petitioner and his associates, the public order in the area was pre-judicially affected. It is further stated that on 10.6.2003 at about 10.45 P.M. in the heart of the city, Akram Cheta alongwith his elder brother Aslam, his son Azam and his associates Mohd. Kasim was talking with Ati durarahman, sitting in a Rickshaw in front of the house. Then the petitioner alongwith his associates Sabir alias Putra and Raju called him to be the informer of the police and threatened to kill him The petitioner fired indiscriminately with his illicit country made pistol at the neck and stomach of Aslant with an intention to kill him. As the result, Aslam fell on the ground. The petitioner also challenged Akram, Kasim, Azam etc standing there and fired upon them with an intention to kill. Kasim sustained grievous injury and they all fled saving their lives. While Aslam was being taken for medical aid, he succumbed on way to his injuries. Due to this incident, the general public became terrorized. People ran here and there. The shops were closed. Smooth flow of traffic was disturbed and the public order in the locality was completely jeopardized. Police force was deployed to maintain the public order in the area.
(3.) Counter and rejoinder-affidavits have been exchanged.;