Yatindra Singh and Ran Vijai Singh, JJ. - (1.) -An incident took place on 29.1.2007, an F.I.R. was also lodged. It was registered as Case Crime No. 36 of 2007 under Sections 143, 295, 436, 341, I.P.C. and 3/4 of Lok Sampati Nuksan Nivaran Adhiniyam, 1984, police station Gagha, District Gorakhpur. The petitioner was arrested in pursuance of the same. He applied for the bail before the C.J.M. which was rejected. He filed bail application before the District and Sessions Judge, Gorakhpur. In the meantime, the District Magistrate passed an order on 21.2.2007 under Section 3 (2) of the National Security Act. Hence, the present habeas corpus petition.
(2.) WE have heard counsel for the petitioner and A.G.A. and Sri N. I. Zafri for the respondents. The counsel for the petitioners made following submissions before us : (i) The satisfaction of the detaining authority has been recorded in mechanical manner. It is no satisfaction in the eyes of law ; (ii) The detention order has been passed on extraneous materials/considerations ; (iii) Sixteen persons were accused in the F.I.R. The petitioner is the only one against whom the order for preventive detention has been passed. This is discriminatory ; and (iv) There is delay in considering the representation of the petitioner by the Central Government. FIRST SUBMISSION : The counsel for the petitioner submitted that detention order has been passed in a mechanical manner and grounds are copied verbatim from the police report. He also placed reliance on the following decisions. Jai Singh and others v. State of Jammu and Kashmir, 1985 (1) SCC 561 ; Billa alias Birla v. Superintendent, District Jail, Basti and others, 2001 (42) ACC 995 : 2001 (2) ACR 1116 ; Tunnu and another v. Superintendent, Distt. Jail, Ballia and others, 2000 (40) ACC 729 : 2000 (1) ACR 611 ; Rajesh Vashdev Adnani v. State of Maharashtra and others, 2006 (1) SCC (Cri).
(3.) IN the grounds of detention it has been mentioned that Yogi Sri Aditya Nath, Member of Parliament from Gorakhpur was arrested on 29.1.2007. An agitation was started because of this. IN this agitation three buses of U. P. State Road Transport Corporation were burnt. Thereafter mosque and religious books were set at fire. These grounds relate to public order. A perusal of the order of the District Magistrate and the police report shows that certain portion of the police report is not mentioned in the detention order and even the portion which has been mentioned there is difference between two. In view of this, it cannot be said that detention order is copied from the police report. The order records satisfaction of the detaining authority. In view of this, it cannot be said that satisfaction is mechanical. SECOND SUBMISSION :;