Krishna Pratap Singh, J. - (1.) Heard Shri Daya Shankar Mishra, learned counsel for the petitioner, Shri Chandra Prakash Yadav and Shri Deepak Mishra learned counsel for Union of India and Shri Vikas Sahai, learned Additional Government Advocate representing the State.
(2.) By means of this Habeas Corpus Writ Petition the petitioner, who has been incarcerated in district jail, Muzaffar Nagar, has questioned the validity and correctness of the order dated 06.8.2017 passed by the District Magistrate, Muzaffar Nagar whereby the petitioner has been detained under section 3(2) of the National Security Act.
(3.) The detention order dated 06.8.2017 passed by the District Magistrate, Muzaffarnagar reads as under: On 27.6.2017 at 9.10 AM, when In-charge Inspector Kotwali, along with SI Sunil Nagar, SI Adesh Kumar Tyagi, SI Sobeer Nagar, Constables Vikas Kumar, Kulwant, Sani Atri, Jitendra Kasana were on patrolling duty and when they reached Kassawan Khalapar, they saw that Mustakeem, son of Majeed, resident of Kassawan Khalapar, Muzaffar Nagar along with Kala, son of Majeed and Mahan son of Munna were slaughtering a cow in front of his shop. Immediately, they were arrested by the police party along with knife for slaughtering cow, Rassi, axe and a piece of wood. In the meantime, the petitioner Imran alias Tendu along with 40-50 persons armed with Lathi, Danda and bricks came there and attacked the police party, due to which Constables Sani Atri, Kulwant, Vikas Kumar and Constable-Driver Jaspal have been seriously injured. Police jeep has also been badly damaged and the persons, who were arrested for slaughtering cow have been got freed by them. They have also taken the cow meat from the spot. Some of the persons, who were identified by the police party and the witnesses present on the spot were: 1. Haji Sarfaraz, son of Munna, resident of Kassawan, Khalapar 2. Shamshad, son of Chooha alias Nazir, resident of Kassawan, Khalapar 3. Noor Ilahi, son of Kasim, resident of Kassawan, Khalapar 4. Abrar, son of Islam, resident of Kassawan, Khalapar 5. Imran alias Tendu, son of Jamil, resident of South Khalapar (the petitioner herein ) 6. Sayeed Pahalwan, son of Mohammad Shafi, resident of Chauki, Khalapar 7. Ausaf, son of Munna, resident of Kassawan, Khalapar 8. Farman, son of Munna, resident of Kassawan, Khalapar 9. Nanu, son of Abdul Salam, resident of Kassawan, Khalapar 10. Yamin, son of Ahsan, resident of Kassawan, Khalapar 11. Shahid, son of Jilani, resident of Kassawan, Khalapar 12. Shoaib, son of Shannu, resident of Kassawan, Khalapar 13. Vakil, son of Khalil, resident of Kassawan, Khalapar 14. Nazim, son of Jilani, resident of Kassawan, Khalapar 15. Mustakeem, son of Majid, resident of Kassawan, Khalapar 16. Kala, son of Majid, resident of Kassawan, Khalapar 17. Mahan, son of Munna, resident of Khalapar 18. Mohammad Shahnawaz, son of Mohammad Abrar, resident of Khalapar. 19. Aas Mohammad, son of Manshad, resident of Machhiyaro Wali Gali, Khalapar 20. Shahbez, son of Jafar, resident of Kassawan, Khalapar 21. Taslim, son of Nasim, resident of infront of Mahfooz Masjid, Khalapar 22. Abrar, son of Taufiq, resident of Paldi, Shahpur 23. Jahid, son of Inam, resident of Azad Chowk, Shamli 24. Shahnawaz, son of Abdul Gafoor, residnet of Johad Wali Masjid, Khalapar 25. Danish, son of Yusuf, resident of Kassawan, Khalapar 26. Babar, son of Hanif, resident of Kassawan, Khalapar 27. Naushad, son of Munna, resident of Kassawan, Khalapar 28. Salim alias Nasim, son of Sukha alias Jamil, resident of Kassawan, Khalapar 29. Chunna, son of Aquil, resident of Kassawan, Khalapar 30. Munshi, son of Islam alias Anis Quraishi, resident of Kassawan, Khalapar 31. Tahsin, son of Salim, resident of Kassawan, Khalapar 32. Imran, son of Haji Shabbir, resident of Kassawan, Khalapar 33. Najju, son of Gutta Gufran, resident of Kassawan, Khalapar 34. Imran, son of Haji Sher alias Dilshad, resident of Kunj Gali, Khalapar. 35. Zulfiqar, son of Haji Ahsan, resident of Kassawan, Khalapar 36. Haji Inayat, son of Abdul Salam, resident of Kassawan, Khalapar 37. Sartaj, son of Islam Bahra, resident of Kassawan, Khalapar 38. Adil Jilani, son of Jilani, resident of Kassawan, Khalapar 39. Shannu Quraishi, son of Ahsan, resident of Kassawan, Khalapar 40. Nazar Quraishi, son of Andha Yasin, resident of Kassawan, Khalapar 41. Haji Sher alias Dilshad, son of Maqsood, resident of Kunj Gali, Khalapar 42. Shariq, son of Abdul Salam, resident of Kassawan, Khalapar 43. Chunnu alias Irshad, son of Mandu, resident of Kassawan, Khalapar 44. Shahid, son of Nazar, resident of South Khalapar.;