Bala Krishna Narayana, Shashi Kant, J. - (1.) Heard the learned counsel for the petitioner Sri Irfanul Huda, Sri Jitendra Prasad Mishra, learned counsel for the respondent no. 3 and the learned A.G.A. for the State, Sri J.K. Upadhyay.
(2.) The instant petition has been filed by the petitioner to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the petitioner in court and set him at liberty forthwith and further prayed to issue a writ order or direction in the nature of certiorari quashing the detention order dated 15.10.2015 passed by the District Magistrate, Hathras the respondent no. 2 (copy whereof has been enclosed as Annexure-1 to the writ petition) whereby the petitioner has been ordered to be detained in captivity for 12 months in exercise of power under Section 3 (2) of the National Security Act, 1980 (hereinafter to as the Act).
(3.) The emanation of fact unfolded compendiously is that the ground of detention dated 15.10.2015 was served upon the petitioner while he was in judicial custody pursuant to the first information report registered against him and other persons vide case Crime No. 531 of 2015, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Case Crime No. 533 of 2015, under Section 4/25 of the Arms Act, police station Sikandra Rao, district Hathras. The first information report was lodged at 7.30 P.M. on 27.7.2015 by Inspector-in-Charge Sikandra Rao, Hathras that when the police party went on routine checking one informer informed him that some persons are involved in slaughtering cow within the premises of one Munnan situated near Jalesar Road Railway Gate. The police raided the aforesaid premises on such information along with other police personnel. They found that the petitioner along with four other persons were cutting beef with their knives and axe at about 4.40 A.M. The petitioner was apprehended who was carrying knife and other associates were also having knives. An axe and a peace of wood for the purposes of cutting meat were being used. Apart from the aforesaid articles one quintal of beef, skin, slaughtered feet were found. Besides this in a Tata Sumo four buffaloes were found, which were tied for the purposes of slaughtering. As a result of huge recovery of beef from the premises communal harmony of the locality was disturbed. It developed panic stricken scene as it took a wild form and the people came out demanding to punish them. The police personnel of various police stations were directed to be deployed through R.T. set by the Inspector-in-Charge. The people protested unleashing a reign of terror causing great rampage. The agitated and irate melee gathered before the police station. The police officials tried their best to assuage and pacify their wrath and anguish but the unruly mob instead of receding from igniting communal feeling developed awful and terrible scene. The mob was raising slogan against the police administration and the shopkeepers also shut their shutters closing the shop. The said incident was published in the newspaper and highlighted the petitioner as the main architect of the crime. The petitioner was in district jail Hathras on account of the aforesaid case registered against him as case Crime No. 531 of 2015, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Animal to Cruelty Act and Case Crime No. 533 of 2015, under Section 4/25 Arms Act. The detention order along with ground of detention was served upon him vide impugned order dated 15.10.2015 passed by the respondent no. 2 with a view to prevent him from indulging in such activities, which are prejudicial to the interest of the public welfare. The petitioner has challenged the validity of the aforesaid detention order by means of the present petition.;