BALA KRISHNA NARAYANA, J. - (1.) The argument of this case was concluded on 20.09.2018. We then made the following order :- "Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioner, Sri N.D. Rai, learned counsel for Union of India, Smt. ManjuThakur, learned A.G.A.-I for the State. We will give reasons later. But we make the operative portion here and now. This habeas corpus writ petition is allowed. The impugned detention order dated 28.09.2017 passed by respondent no. 3, District Magistrate, Muzaffar Nagar detaining the petitioner u/s 3 (2) in the National Security Act, 1980 is hereby set-aside. The petitioner Kadar (detenu) is set at liberty."
(2.) Here are the reasons :- In this petition, the validity of the detention of petitioner Kadar (detenu) has been challenged. He has been detained by the District Magistrate, Muzaffar Nagar by an order dated 28.09.2017 made under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the NSA).
(3.) The activities of the petitioner on account of which the impugned order of preventive detention has been passed against the petitioner, had taken place on 05.06.2017 at about 19.30 hours in village Nasirpur in which the petitioner along with his accomplices Shahzad son of Dinna, Israr son of Fajlu, Dhola son of Israr, Sajid son of Dinna alias Asgar and Yaseen son of Meenu, all residents of village- Nasirpur, P.S.- Nai Mandi, District- Muzaffar Nagar, had forcibly entered into the house of one Akash, son of Brajpal which was situated in densely populated area and fired indiscriminately at him and as a result of the firearm injuries received by Akash in the occurrence, he died later in the day during his treatment. As a result of the incident, there was stampede in the village and the villagers closed the doors of their houses. They started running helter-skelter to save their lives. Communal tension gripped the atmosphere and communal harmony was totally shattered. On the basis of the F.I.R. of the occurrence lodged by the deceased's uncle Harvir, Case Crime No. 681 of 2017 u/s 147, 148, 149, 452, 302, 307, 504 I.P.C., P.S.- Nai Mandi, District- Muzaffar Nagar was registered against the petitioner and the other co-accused. In order to reduce the communal tension in the village and maintain law and order, additional police force had to be requisitioned. In pursuance of the investigation of the aforesaid case, the petitioner was arrested and sent to jail and was lodged in District Jail, Muzaffar Nagar. His search at the time of his arrest led to recovery of a country-made pistol and live cartridges from him on account of which Case Crime No. 712 of 2017 u/s 3/25 Arms Act was registered against him on 12.06.2017 at about 13.00 hours. After completion of the investigation, charge-sheet was filed in both the aforesaid case crime numbers against the petitioner and the other co-accused.;