Naheed Ara Moonis, J. - (1.) The instant petition has been filed on behalf of the petitioner seeking the relief in the nature of Habeas Corpus directing the respondents to set him at liberty forthwith and also quashing the order dated 19.4.2015 passed by the District Magistrate Bhadohi and the approval order dated 29.4.2015 as well as the confirmation order dated 5.6.2015 passed by the State Government whereby the petitioner has been ordered to be detained in captivity for twelve months in exercise of power under Sec. 3(2) of the National Security Act 1980. The emanation of facts unfolded compendiously is that ground of detention dated 19.4.2015 was served upon the petitioner while he was in judicial custody pursuant to the first information report registered against him vide Case Crime No. 181 of 2014 under Sec. 302 IPC read with Sec. 7 of Criminal Law Amendment Act. The basis of the detention besides the aforesaid case was another Case Crime No. 182 of 2014 under Ss. 147/148/341/353/332 IPC read with Sec. 7 Criminal Law Amendment Act and Sec. 3/4 Prevention of Damages to Public Property Act.
(2.) The first information report dated 5.8.2014 was lodged by Mani Lal Maurya at Police Station Gopiganj,District Bhadohi with the allegation that his son Satish Maurya had gone at Hanuman Mandir situate at Jakhaon Police Station Gopiganj District Bhadohi on 5.8.2014 at about 2.00 p.m. to offer prayer and on the issue of recital of Ram Charitra Manas, the accused persons namely Sanjay Pandey, Shyam Lal Yadav, K.L. Yadav and Satish Chanra Maurya were adamant to start this programme at noon. On the exhortation of Sanjay Pandey, the petitioner caused injury to his son by firing. K.L. Yadav had also fired several round. They developed tremendous panic -stricken scene by opening firings indiscriminately in the air with revolver. The injured son of the complainant while being taken to the hospital at Varanasi succumbed to injuries on the way. The case was registered under Ss. 302 IPC vide Case Crime No. 181 of 2014 against the applicant and three others on the same day i.e. on 5.8.2014 at about 6.30 p.m. The incident allegedly took a wild form causing panic and terror at the police station. On getting information about indiscriminate firings which took place contiguous to the Hanuman Mandir Jakhaon on the issue of playing of loud speaker and one Satish was fatally wounded and succumbed to injuries while being taken to hospital at Varanasi. Police personnel of various police stations were directed to be deployed through R.T. set by Inspector Incharge. The village folk of Jakhaon could not digest the sad demise of Satish and protested outside unleashing a reign of terror causing great rampage and arson. The unruly mob could not squeeze their ire and indignation and caused blockade on the main road of Gyanpur Gopiganj. On getting the information about terrible scene, the Incharge Inspector reached at Gyanpur Gopiganj Road where police personnel were already present. The agitated and irate melee obstructed ingress and egress of Gyanpur Gopiganj Road. The police officials tried their best to assuage and pacify their wrath and anguish but the unruly mob instead of receding from igniting the horrendous scene, developed awful and terrible scene by pelting stones on the police personnel and also raising slogan stigmatizing the image of the police authorities as well as police personnel. They damaged the vehicles of the police authorities by breaking their glasses and other parts. The police officials and other administrative authorities sustained injuries on account of pelting of stones and also thrashing with lathi and danda. There was horrific and horrendous scene as they were raising slogan against the police administration causing helter and skelter in the nearby areas and the shop keepers also shut down their shutters closing the shops. In respect of the aforesaid incident occurred on 5.8.2014 at 7.00 p.m. another FIR was lodged on 6.8.2014 at 1.15 p.m. against Rakesh Kumar Pasi and twenty one named persons vide Case Crime No. 182 of 2014 under Ss. 147/148/341/353/332 IPC read with Sec. 7 Criminal Law Amendment Act and Sec. 3/4 Prevention of Damages to Public Property Act. The said incident was flashed in the newspapers "Dainik Jagran and Hindustan branding the petitioner as main architect of the crime.
(3.) The petitioner has been subjected to detention order on the basis of the aforesaid cases. The ground of detention was served upon the petitioner vide order dated 19.4.2015 passed by the District Magistrate with a view to prevent him from indulging in such activities which is prejudicial to the interest of the public welfare. The petitioner challenged the validity and authenticity of the aforesaid detention order by means of the present petition.;