- (1.) PETITIONER detenu Zishan son of Iqram, resident of Mohalla Quraishiyan, Town Baghra, P.S. Titavi, district Muzaffar Nagar has been detained by District Magis­trate, Muzaffar Nagar under the National Se­curity Act, 1980 (hereinafter referred to as the 'Act') vide his order dated 17.10.2008 wield­ing his power under Section 3(3) of the said AcUvide Annexure No.l, which detention or­der has been questioned by the detenu peti­tioner through the instant Habeas Corpus Pe­tition with the prayer that the same be quashed and he be set at liberty.
(2.) THE grounds on which the petitioner has been detained, as was supplied to him under Section 8 of the Act and contained in Annex­ure No.2, indicates that, on 29.9.2008 Police Station Titavi was informed on telephone that the petitioner along with Jishan and Sadab are slaughtering cows in village Baghra and there­after will transport the beef to be sold in an open market. Ravindra Pal Singh Sengar, S.O., P.S. Titavi along with S.I. Gyanendra Singh and other police personnel rushed for village Baghra on the said information making a vain attempt to join independent persons from the way. After reaching detenu's house at 11.40 a.m. the said S.O. and other police personnel found that a Cello Car No. UP-15 G 8526 was parked in front of his house and inside the house, the petitioner along with his brothers Jishan and Sadab were chopping off beef and were loading it in the said car. Looking to the police personnel the petitioner and his two sib­ling associates escaped from the roof, albeit, they were fully identified by the raiding party. From the parked Cello Car 150 kg. of beef, 30 kg. of cow fat were recovered. From the open space inside the house (Aagan) 150 Kg. of beef, a wood log, two small choppers and two butcher knives were recovered. Near by the car an Eterno scooter UP-14-W 7034, was also parked. The chopped off beefs and other choppers were taken in possession by the raiding party, which were sealed at the spot after preparation of the recovery memo.
(3.) INFORMATION of day light cow slaughter­ing conglomerated protesters belonging to Vishwa Hindu Parishad and Bajrang Dal and other Hindu organisations at the spot and blockaded Highway from Muzaffarnagar to Shamli resulting in total disruption of trans­port and traffic for four hours. Because of the activity of the detenu petitioner, religious and sentimental feelings of Hindu community were hurt and public order was clouded with com­munal tension which had gripped the locality. The incident of cow slaughtering was promi­nently reported in News Papers on 30.9.2008 which information was also conveyed by S.O. Titavi to his superior officers on mobile phones. Additional police force from village Charthawal and Rapid Action Force were de­ployed iii the locality in village Baghra for maintaining public order.;