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 Jitendra Prasad Mishra, learned counsel for Union of India, Smt. Manju Thakur, 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.
(2.) The petitioner Shahzad (detenu) is set at liberty. Here are the reasons :- In this petition, the validity of the detention of petitioner Shahzad (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 Israr son of Fajlu, Dhola son of Israr, Sajid son of Dinna alias Asgar, Kadar son of Immamuddin 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.;