- (1.) N. L. Gangaly, J. The petitioner prayed for issuing a writ in the nature of Habeas Corpus commanding the respondents to release the petitioner at liberty and to quash the detention order dated 2-11-1995, Annexure-3 to the petition. The District Magistrate, Moradabad passed an order under Section 3 (ii) of the National Security Act, 1980, hereinafter referred to as 'the Act', on the basis of an offence committed on 12-10-1995 in Mohalla Lal Bagh P. S. Mughalpura district Moradabad. It is alleged that an accident took place on 12-10- 1995 when a Hindu girl Km. Gita Bhutani aged about 15 years was returning to her house from tution at about 9 p. m. a Muslim scooter driver hit Km. Gita Bhutaai on road near Lal Bagh. Her father Nathu Ram Bhutani got an FIR registered at P. S. Mughalpura under Section 279/338, IPC. It is in the grounds of detention that the petitioner along with his associates started spreading false news and information, which resulted in instigating the communal feelings between Hindu and Muslims. The result of the rumour and news spread by the petitioner and his associates was that there was an exchange of brick batting between the people present there and one community started attempting to assault the other. It is said that the petitioner with his associates Charan Singh, Subhash, Suresh, Naresh Tsju and others had jointly started pelting brick bats on people of the muslim community and the police, which created a terror and panic in the locality. The people of the locality on account of terror, apprehension and fear shut the doors and windows of their houses, which completely disrupted the public peace and order. The Sub-Inspector of Police of P. S. Mughalpura lodged a report under Sections 147, 307, 336 and 504, IPC against Subhash Tewari. It is said that during investigation of the said case sufficient evidence was collected against the petitioner. Sri Wakar Ahmad r/o of Mohalla Kanungqyan P. S. Mughalpura lodged another report under Sections 336, 323 and 504, IPC and Shahadat Hussain alias Chhotey R/o Mohalla Nawabpura Pulia Ghosian P. S. Nagphani also lodged an FIR under Section/307 and 504, IPC. It is said in the grounds of detention that all these FIR had been lodged on account of the deeds of the petitioner spreading false rumours and news on 12-10-1995. It is also said that on account of the communal feelings and tension, which was created on account of the acts and deeds of the petitioner on 12-JO- 1995 at 23 : 30 hours in Mohalla Nawabpura P. S. Nagphani one Hindu youngman Pram was assulted by knife and iron rod and he was admitted in the district hospital at Moradabad in a precarious condition. Sri Mohan Singh r/o Mohalla Nawabpura got an FIR registered at P. S. Nagphani, Moradabad under Section 307, IPC which is also pending investigation.
(2.) IT is said in the ground of detention that on account of daring and criminal acts of the petitioner, which created communal tension and raised hatred between Hindu and Muslim communities, atmosphere of terror, and lawlessness had been created and the law and order situation had become disrupted. The detaining authority on the basis of the aforesaid facts and circumstances having satisfied that in case the petitioner is released on bail there was likelihood of commission and repetition of such acts, which was likely to disturb and disrupt the public peace and law and order situation, passed the order, detaining the petitioner under the National Security Act. The petitioner was arrested on 12-10-1995. He applied for bail and was granted bail on 14-1j-1995. The detention was executed and served on the petitioner in jail through the jail authorities on 2-11- 1995. The grounds of detention was served on the petitioner on 2-11-1995 along with the detention order a copy of which is annexed as Annexure a-A to the petition. The petitioner stated in the petition that along with the grounds of detention, certain documents were also enclosed, true copies of which have also been annexed to the petition as Annexure-2. It has been stated that the perusal of the FIR lodged by Sub-Inspector Sri Subhash Tewari shows that the petitioner had got no concern with the aforesaid case and it is apparent that the said FIR does not mention the name of the petitioner as a person to have indulged in brick batting against any community or against the police force. It is also not stated therein that any person received any injury in the alleged brick batting by the petitioner. The petitioner stated that on the said date there was no communal tension or brick batting. Neither shops were closed nor there was any stone on the road. The petitioner has annexed the affidavits of S/sri Amir Ahmad, Haneef, Rizwan, Puran Lal, Tejvir Singh, Piarey Lal and others as Annexures-2 B C D F, F to the writ petition. The petitioner stated that he is a daily labourer and poorman belonging to lower strata of society and earns his livelihood daily. He is not connected in any manner with any political or religious party. The police misused their power and had lodged the FIR in which no public independent witness has been mentioned nor any person received any injury. The petitioner is not concerned or named in any manner in the said FIR. The police has given undue importance to a road accident in which no one had died and there was no rhyme o reason for any action under the Act.
(3.) THE detention order dated 2-11-1995 was approved on 9-11-1995 by the State Government. THE petitioner had submitted a representation on 16-11-1995 through the jail authorities, a copy of which is annexed as Annexure-4 to the writ petition. THE matter was referred to the Advisory Board by the State Government under Section 10 of the Act without complying with the mandatory provisions of Section 10 of the Act and the Advisory Board, in its turn, informed the State Government that there were sufficient reasons to detain the petitioner under the Act. Sri J. N. Chamber, the then District Magistrate, Moradabad, Sri Gopal Dutt, U. D. A. Confidential Section-7, U. P. Civil Secretriat, Lucknow and Sri R. N. Upadhyaya, Senior Superintendent, District Jail, Moradabad filed counter-affidavits. Rejoinder affidavit has also been filed on behalf of the petitioner.;