Vinod Prasad, J - (1.) SALAM Waris alias Gatte has been detained under National Security Act by District Magistrate, Firozabad, exercising his power u/s 3 (3) of the National Security Act 1980 (herein after referred to as Act), which detention order has been challenged by the petitioner through the present Habeas Corpus Writ Petition. The detention order of the petitioner is annexure No. 1 and the ground of the detention has been appended as annexure 4 to this petition. Before we embark upon the contentions raised by learned counsel for the petitioner, we in a synophazied way record the grounds for the petitioner's detention. On 15.5.2008 at 4 p. m., Smt. Kanti Devi Kushwaha r/o Mohalla Teela Kateria Chowk, P.S. South district Firozabad, gave a written report that her daughter Km. Nisha alias Guddi, aged about 11 years, had left her house on 14.5.2008, at 9 a. m. for purchasing rubber band from a locality shop but she did not return back. In this respect an information was also got registered at P.S. South Firozabad on 15.5.2008 at 4 p. m. regarding elopement of the girl. On 16.5.2008, informant received a telephonic information that corps of her daughter Km. Nisha alias Guddi is lying at Chandrawar Gate in a sewage drain. The discovery of the dead body resulted in registration of FIR of Crime No. 209 of 2008 u/s 364, 302, 201 IPC. Ensued investigation statement of the petitioner, that of the witnesses, spot inspection, post mortem etc. surfaced petitioner's complicity as the main culprit and since petitioner was arrested on 21.5.2008. Arrest of the petitioner resulted in an unlawful demonstration led by a political leader including the family members of the petitioner and persons of Muslim community who were armed with fire arms and blunt objects. This unlawful assembly assaulted Laxmi Narayan, a relative of the deceased girl, who was also fired upon. In respect of the said incident, Laxmi Narayan got a FIR registered at P.S. South Firozabad on 21.5.2008, on the basis of which Crime No. 218/08 u/s 147, 148, 149, 307, 323, 506, 336, 504, 382 IPC and section 7 of Criminal Law Amendment Act was registered against seven named accused persons namely; Shahjad Neta, Pappu, Shanu, Nadeem alias Lala, Shahnawaj, Abrar alias Gattu, Rocky and Jainul alias Apia. When the police force reached at the spot, members of the unlawful assembly started pelting stones and thereby committed forceful registrance in discharge of official duty by law enforcing agency, which activity gripped the locality with a sense of fear and terror, public peace and tranquillity was thrown out of gear. In this connection another FIR of Crime No. 219/08 u/s 147, 148, 149, 336, 153-A 353 IPC and section 7 of Criminal Law Amendment Act was also registered at 8.15 p.m. on the date of incident itself i.e. 21.5.2008 by Sri P.L. Prabhakar, informant, in charge Inspector, P.S. South, district Firozabad. Nine persons were arrayed as accused including Shahjad Neta, Pappu, Shanu, Nadim alias Lala, Shahnawaj, Abrar alias Gaggu, Rocky, Jainul alias Apia, Mohd. Swalin with 50-60 unknown persons. These malefactors had got a gang who indulged in terrorising people of locality and create a sense of fear and indulge in disturbing social peace and thereby, they, committed ante social activities. Another FIR of Crime No. 220/08 u/s 2/3 of Gangster Act was also registered against the aforesaid accused persons by the In charge Inspector on 21.5.2008 itself. The result of the anti social activities culminated in closure of business establishments of Bari Chapaiti and Lalchowk localties, social life was dislocated and the common life was disturbed. To maintain law and order PAC and additional police force were deployed in the locality, which fact was recorded by the police in G.D. No. 21, at 10 a. m. on 21.5.2008. From the investigation conducted in respect of Crime No. 209/08 and from the statements of witnesses Man Singh, Chandra Bhan Singh, Vijai Anand and Mahesh Kumar, coupled with post mortem report, it surfaced that SALAM Waris alias Gatte had dragged deceased Nisha alias Guddi inside his house on 14.5.2008 at 9 .a.m and raped her and murder her. Her corps was put in a plastic bag and was disposed off it in sewerage drain at Chandrawar Gate, from where it was recovered on 16.5.2006. Investigation of Crime No. 209/08 and statements of witnesses u/s 161 Cr.P.C. also brought forth the aforesaid fact which resulted in engulfing a sense of terror amongst the local public and closure of shops, business establishments, doors and windows of houses. SALAM Waris alias Gatte was arrested on 21.5.2008. The District Magistrate was of the opinion that, after being released on bail, SALAM Waris alias Gatte, petitioner will again indulge in such anti social activities, therefore, he booked the petitioner under Notational Security Act, as allowing him to remain free was not in public as well as in the interest of the society. For the aforesaid reasons on 11.6.2008 District Magistrate, Firozabad implanted National Security Act and detained the petitioner, which detention order has been challenged in the instant writ petition. Respondents District Magistrate, Firozabad, State of U.P. , Superintendent District Jail Firozabad and Union of India have filed their counter affidavits in this petition. For the purposes of shortening the judgement, we do not go into the details of the submissions made in these counter affidavits. Only a maiden argument was raised by Sri J.S. Sengar, who has argued this Habeas Corpus Petition before us with the assistance of Sri Brij Raj Singh learned counsel for the detenu petitioner. The maiden argument raised before us was that there was no activity of the detenu petitioner breaching public order, and therefore, the detention of the petitioner is bad in law. Sri Sengar submitted that what ever happened after the arrest of the detenu petitioner cannot be anointed on him and the petitioner's detention made under the Act is bad in law. It is submitted that petitioner was not free after his arrest, and therefore, he cannot be deemed to have acted prejudicial to the maintenance of public order. Sri Sengar submitted that the activity of other conglomerated persons, who resorted to violence, threw bricks bats and pelted stones beat Laxmi Narayan had no connection with the petitioner nor the petitioner accosted them to do so and therefore detaining the petitioner for the said reasons is illegal. The contention of Sri Sengar is that extraneous material has been considered by the Detaining Authority in detaining the petitioner which makes the detention order vulnerable liable to be set aside. Beside the aforesaid contention no other argument was raised before us. Learned AGA as well as learned Standing Counsel for Union of India, per contra, refuted the contention raised by Sri Sengar and submitted that the activity of the petitioner detenu was squarely covered within public order, and therefore, detention of the petitioner does not suffer from any legal error, and hence, this Habeas Corpus Writ Petition is bereft of merit and deserves to be rejected. We have considered the rival contentions and have gone through the record of this Habeas Corpus Writ Petition. Genesis of the incident started with the rape of a girl belonging to Hindu community and after rape she was murdered. The petitioner is the main accused who had not only dragged the girl inside his house but ravished her chastity and murdered her and thereafter concealed her dead body in a bag and disposed it off in sewerage drain at Chandrawar Gate. The arrest of the petitioner was affected on 21.5.2008 but the said arrest was not an isolation activity. Ground of detention clearly indicates that subsequent happening of resorting to violence, disturbing public peace, pelting stones were all formed a connected whole with that of the murder of Nisha alias Guddi. Grounds of detention further indicates that even the leader of the political party was involved in the said incident with 50-60- anti social elements. All of them belong to a particular Community and their activities, in conjunction with the activity of the petitioner detenu, were targeted against persons of other community The whole sequence of events indicates that the members of a particular community armed with fire arms resorted to violence to save the main culprit of rape and murder. Ground of detention further indicates that there was every likely hood of eruption of riots between Hindus and Muslims. The situation became so worse that additional police force along with PAC were deployed in locality to control high tempers of persons of both the communities. We are not at all impressed by the argument raised by Sri J.S. Sengar that there was no activity of the detenu petitioner. He was the main culprit of the crime and it was he who had harbingered the public order problem. His activity of rapping and murdering the girl of another community was such an activity, which was bound to tarnish social peace which in fact it did. The contention of Sri J.S. Sengar is therefore repelled. No other point was urged before us and so we find that this Habeas Corpus Writ Petition is bereft of any merit and is liable to be dismissed. This Habeas Corpus Writ Petition is dismissed.;