B.K. Narayana and Vijay Lakshmi, JJ. - (1.) HEARD learned Counsel for the petitioner, learned A.G.A. for the State and Sri Brij Lal, learned Counsel for the Union of India. The petitioner has been detained by the District Magistrate, Ghaziabad vide his order dated 20.9.2014 passed by him in the exercise of his power under section 3(3)of the National Security Act (hereinafter referred to as the 'Act').
(2.) THE relevant facts giving rise to this writ petition as narrated in the grounds of detention under section 8 of the Act which were served upon the petitioner along with the detention order on 20.9.2014 while he was in District Jail, Ghaziabad on account of his being accused in Case Crime No. 2233 of 2014, P.S. Loni, district -Ghaziabad are that following lodging of an F.I.R. at P.S. Loni, district -Ghaziabad under sections 354(B) and 506 I.P.C. by one Smt. Kishan Kumari against one Sayeed Mohammad alleging there in that aforesaid Sayeed Mohammad had committed rape of her minor daughter Rakhi, aged about ten years, which was later converted under section 376(2)(D) I.P.C. and section 4 The Protection of Children From Sexual Offences Act and aforesaid Sayeed Mohammad being arrested and sent to jail, the petitioner along with his associates, with the object of giving a communal complexion to the whole incident and disturb communal harmony started indulging in hooliganism against the muslim community as a result fear and terror prevailed amongst the public causing a stampede with people running helter -skelter leaving behind their shoes and slippers on the road and hiding themselves in their houses and shops by closing the doors of their houses and downing the shutters of their shops. Apart from the aforesaid, the movement of vehicles deployed for supplying milk and vegetables to Baghpat, ambulance and vehicles engaged in supplying gas was totally disturbed. However the situation was brought under control by the police force which had reached the place of occurrence. The grounds of detention further reveal that on 28.8.2014 the petitioner along with his associates (about 150 in number) with the common intention of disturbing the communal harmony reached Sunita Vihar shouting slogans of 'Jai Sri Ram' and organised a road block at No. 2. Bus Station Indrapuri on Loni -Delhi Saharanpur National Highway. Upon being informed about the activities of the petitioner and his companions Gorakh Nath Yadav, Inspector Incharge, PS Loni reached the place of road block with his force and tried to coax and persuade the petitioner and his associates to lift the road block but instead of listening to him they became agitated and started firing at the police force and created obstruction in the performance of their official duties by the police officers and the members of the police force. They also set ablaze old tyres and wooden benches of the shops of public by pouring kerosene oil thereon and indulged in arson and looting in the nearby shops. Government vehicles of the police officers who had reached the spot were also damaged. Not only this the petitioner and his associates had pelted stones at Mustafa Masjid and Ek Minar Masjid situate in Mangal Bazar, Sunita Vihar 100 fit road and Saraswati Vihar (Kirti Vihar) respectively and shouted anti -muslim slogans which caused a commotion forcing shop keepers to close their shops. Fear and terror prevailed all over and communal harmony was totally disturbed and public order shattered.
(3.) PEOPLE were prevented from going to their offices and establishments and an atmosphere of undeclared curfew prevailed Additional forces had to be requisitioned from other police stations and adjoining districts after Senior Superintendent of Police, Ghaziabad was compelled to enforce Red Scheme and it was only after three or four hours that situation could be brought under control on the arrival of additional police forces. The aforesaid incident had caused tremendous resentment amongst the muslim community. On the basis of F.I.R. of the aforesaid incident lodged by the Inspector Incharge Gorakh Nath Yadav at police station -Loni Case Crime No. 2235 of 2014, under sections 147, 148, 149, 436, 341, 336, 332, 353, 153 -A, 395, 397, 307 and 427 I.P.C. and section 3/4 Prevention of Damages to Public Property Act and section 7 Criminal Law Amendment Act was registered against the petitioner and his associates.;