- (1.) K. K. Misra, J. Through this petition, the petitioner has challenged the detention order dated 3-8-2005 passed by District Magistrate, Kanpur Nagar, respondent No. 2, under Section 3 (2) of the National Security Act.
(2.) THE grounds of detention are contained in Annexure No. 1 to the writ petition. It is stated therein that on 21-12-2004 at about 3. 30 p. m. the petitioner alongwith his other associates took out Rs. 20,000/- from the pocket of Nazim son of Barkat Ullah at the leather shop at Iftikharabad within P. S. Anwarganj. It was objected to by Nazim, Shariet Ullah and Altab Farman. THE petitioner attacked with bombs and in the incident Shariet Ullah sustained injuries in both his legs. On getting the information, Barkat Ullah- father of Nazim reached the spot with his licensed gun and opened fire in the air in defence of his son and brother. then the petitioner alongwith his associates ran away. An F. I. R. was registered as case crime No. 182/04 under Section 386, 307, 506 I. P. C. and 3/5 of Explosives Act. THE copy of the F. I. R. is Annexure No. 5 to the writ petition. It has also come on record that because of the said incident, shops in the locality were closed. THE incident had taken place in broad day-light. THEre was hue and cry and atmosphere was exceedingly charged which resulted in breach of public order. Counter and rejoinder affidavits have been exchanged. We have heard Miss. Sufia Saba, learned Counsel or the petitioner and Sri Arvind Tripathi, learned A. G. A. No-body has turned up for the Union of India.
(3.) THE main contention of the learned Counsel for the petitioner is that the incident relied upon for passing the impugned detention order relates only to the problem of law and order and it had nothing to do with the maintenance of public order. On the other hand, Sri Arvind Tripathi, learned A. G. A. strongly contented that due to the incident, shops in the area were closed and the force had to be deployed in the locality for maintenance of public order. In short, the submission of the learned A. G. A. is that the incident in question gave rise to breach of public order and not of law and order. A perusal of the detention order as well as the FIR shows that shops were closed and public started running halter shelter in panic.;