- (1.) AMAR Saran, J. Heard Shri Manoj Mishra, learned Counsel for the petitioner and Shri Arvind Kumar Tripathi, learned Additional Government Advocate representing the State.
(2.) THIS petition in the nature of habeas corpus has been filed by the petitioner challenging the order of the District Magistrate, Bulandshahr, respondent No. 2 dated 2-2-2006 detaining the petitioner under Section 3 (2) of the National Security Act (hereinafter the NSA ). The said order together with the grounds of detention were served on the Petitioner on the same day, i. e. on 2-2-2006 when the petitioner was confined in the district jail in connection with a case at Crime No. 314 of 2005, under Sections 3/5/8 of Prevention of Cow Slaughter Act (hereinafter the Act ). The basic grounds for detaining the petitioner were that on receipt of information that the petitioner had slaughtered a cow, the Station Officer of police station Anoopshahr, District Bulandshahr visited the house of the petitioner at 5. 45 a. m. and the petitioner and his two associates were apprehended with a slaughtered cow. The beef of a slaughtered cow and a live cow were found at the spot. When the news of the slaughter spread in the town, a big crowd gathered near the house of the petitioner and raised slogans against the slaughterers and communal amity was disturbed. After great efforts, the police succeeded in assuaging the general public and taking steps for restoring public order. The Station Officer, Police Station Anoopshahr registered a case at Case Crime No. 314 of 2005, under Sections 3/5/8 of Prevention of Cow Slaughter Act against the petitioner and co-accused Shamshuddin and Akram. Section 25/4 of the Arms Act was also added. The remains of the slaughtered cow were buried in the field of one Umesh Sharma. It Is further clarified in the grounds of detention that Anoopshahr falls on the banks of the Ganges and is a holy town and as a result of the acts of the petitioner, the sentiments of the Hindu community were hurt and Hindu-Muslim harmony was adversely affected and an atmosphere of fear and terror was generated, public order was disturbed and the crowd became belligerent. The public and many political organizations and members belonging to Hindu organizations banded together and engaged in Dharnas and demonstrations and called for severe punishment against the cow slaughterers and handed over a representation for the Governor to the S. D. M. , Anoopshahr. A charge-sheet has been submitted in the aforesaid criminal case against the petitioner and two others. There was a news report also of there being a demonstration before the office of the S. D. M. because of the slaughtering of the cow, which also aggravated the communal situation and adversely affected public order. As the relationship between the two communities was adversely affected and disturbed due to the petitioner's action, hence the detention order was passed as aforesaid.
(3.) IT was further stated that as a result of the cow slaughter, the normal course of business of the general public was disturbed and on being satisfied by the report of the S. S. P. , Dy. S. P. and in-charge investigating officer, on being satisfied that in order to maintain public order and that there was a likelihood of the petitioner being released on bail, the respondent No. 2 passed the impugned order detaining the petitioner under Section 3 (2) of the National Security Act. Written arguments and rulings have been filed by Shri Manoj Mishra, learned Counsel for the petitioner and by the learned AGA.;