BALA KRISHNA NARAYANA,J. - (1.) The arguments of this case concluded at the close of the Court hours on 16.05.2017. We then made the following order: "Heard Sri Pradip Narain Singh, learned counsel for the petitioner, Smt. Raj Kumari Devi, learned counsel for respondent no.8 and Sri Rajiv Gupta, learned counsel for respondent nos. 1 to 7. We will give reasons later but we are making the operative order now. The impugned detention order dated 13.06.2016 passed by District Magistrate, Muzaffarnagar is quashed. The petitioner no. 1 is set at liberty forthwith. Respondents are directed to release petitioner no.1 from District Jail, Muzaffarnagar, unless he is wanted in any other case."
(2.) Here are the reasons: By means of this habeas corpus writ petition, the petitioner has challenged the legality and validity of the order dated 13.06.2016 passed by District Magistrate, Muzaffarnagar (respondent no.2), marked as Annexure No.6 to this writ petition, in the exercise of power under section 3(2) of National Security Act, 1980 and has made the prayer to quash the same.
(3.) Briefly stated, the facts of this case, as emerging from the perusal of the pleadings of the parties and the grounds of detention are that on the basis of written report lodged by one Vinod on 06.05.2016 at about 23.30 hours at Police Station Khatoli, District Muzaffarnagar in respect of an incident which had taken place on 05.05.2016 at about 08.30 P.M. in the house of the informant in which the petitioner, along with his companions, had forcibly entered into the house of the informant and after abusing and threatening the informant and his family members with dire consequences, they started firing at them with their firearms, causing firearms injuries to Smt. Chunni Devi and others. As a result of hue and cry raised by them, other people of the locality also came to the spot, on which the petitioner and his companions started throwing stones at them. On receiving information about the incident, the police also arrived at the spot. The petitioner and his companions also targeted the police force by pelting stones at them. This incident had taken place as a fallout of the occurrence which had taken place about half an hour before at about 8.00 P.M. in Mohalla Sharafat Colony, in which while Himanshu (son of informant Vinod) and his younger sister were returning after purchasing medicine for their sister, his motorcycle collided with the petitioner's e-rickshaw in which 34 persons were sitting and on account of aforesaid collusion, an altercation had taken place between Himanshu and the persons sitting in the e-rickshaw, including the petitioner, which had led to a scuffle between the petitioner and Himanshu (son of informant Vinod Kumar).;