- (1.) Heard Sri Gaurav Kakkar along with Sri Saurabh Kesarwani, for the petitioner, Sri Patanjali Mishra, A.G.A. 1st, for State of U.P. and Sri Sanjeev Kumar Pandey, Additional Standing Counsel, for Union of India.
(2.) This Habeas Corpus Petition has been filed for quashing the orders of District Magistrate (respondent-3) dated 14.01.2019, passed in exercise of powers under Section 3 (3) of National Security Act, 1980 (hereinafter referred to as the Act), directing for detention of the petitioner and State of U.P. (respondent-2) dated 23.01.2019, approving the detention order, 22.02.2019, confirming the detention order for a period of three months, from the date of initial order, 10.04.2019, extending detention order for six months and for mandamus directing the respondents to set the petitioner at liberty forthwith.
(3.) The brief facts which necessitated, action of preventive detention are as follows:- (a) On 03.12.2018, in morning, In-charge Inspector Subodh Kumar Singh, police station Syana received an information that some parts of the body of cow were found in the sugarcane field of Ex-Pradhan Raj Kumar in jungle of village Mahav. He directed Constable Subham Saini, posted at the police outpost Chingerawathi to go on the spot and verify it on 03.12.2018 at 10:00 hours. Constables Subham Saini and Pradeep Kumar reached the spot and confirmed the news. Then In-charge Inspector Subodh Kumar Singh, SI Subhash Chand along with other police personnels reached the spot. By that time various persons had collected there and began to raise protest against the illegal act of cow slaughtering. The police anyhow pacified them at that place. On the written complaint of one Yogesh Raj, FIR of Case Crime No. 582 of 2018 was lodged, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 295-A IPC, on 03.12.2018 at 12:43 hour, against Sudaif Chaudhary and six others, relating to this incident. (b) However, the agitated crowd collected the body parts of the cows in a tractor-trolley, came to police outpost Chingerawathi, started raising protest and also blocked the road. Looking to the unusual circumstance created by the violent mob, information in this respect was given to higher administrative and police officers. Sub-Divisional Magistrate, Syana and Circle Officer of police reached there. They tried to assure the crowd on loudhailer that rigorous action would be taken against guilty persons and asked them to remove road blockade as the members of Muslim community had organized three days i.e. from 01.12.2018 to 03.12.2018, a Islamic congregation "Tableegi Iztema" at Buland Shahar, where about 12-13 lakhs people had assembled and after conclusion of that congregation, large number of Muslim persons were returning through that road on their vehicles and road jam was likely to create communal tension. But instead of pacifying, the unruly crowd became violent, started firing and attacked on the police personnels by wielding lathi danda. In this firing In-charge Inspector Subhodh Kumar Singh and one Sumit, among the protesters received fatal injury. The mob snatched his licensed pistol and three mobile phones of Subhodh Kumar Singh. The mob broke government wireless and the police outpost and the vehicles of the administration and police were set ablaze. SI Subhash Chand, SI Suresh Kumar, HCP Driver Ram Asre, HCP Shees Ram Singh, Constables Prem Pal Singh, Satya Praksh Sharma, Deepak, Sandeep Singh Bhadauria, Kapil Kumar, Home Guards Virendra Singh, Prem Prakash and Rajendra Singh received grievous injuries. On the written complaint of SI Subhash Chand FIR of Case Crime No. 583 of 2018 was registered under Section 147, 148, 149, 124-A, 332, 333, 353, 341, 336, 307, 302, 427, 436, 395 IPC, Section 7 Criminal Law Amendment Act, 1932 and Section 3, 4 of Prevention of Damages to Public Property Act, 1984 on 04.12.2018 at 2:51 hours. (c) Remains of cow slaughter were again found in the sugarcane field of Sheeshpal son of Khumani on 04.12.2018 at about 8:00 AM at village Naya-gaon, hamlet of village Sahanpur. On written complaint of Jitendra Kumar, FIR of Case Crime No. 584 of 2018 was lodged, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955. (d) During investigation, Nadeem son of Babu Khan, Rahees son of Iliyas and Kala son of Babu Qureshi were arrested on 18.12.2018 at 7:00 hour. They confessed their guilt in Case Crime No. 582 of 2018 and in Case Crime no. 584 of 2018. From possession of Nadeem one DBBL gun, from possession of Kala one gadasa, one chhuri and one wooden chunk were recovered. They disclosed that Harun son of Khan Mohammad and Mehboob Ali son of Abdul Maruf were also in their group. On 18.12.2018 and 19.12.2018, Investigating Officer recorded statements of Afsar Khan, Mukeed Khan, Sirajuddin and Mohd. Nafees Qureshi, from their statements offence of cow slaughtering by the aforementioned persons was clinchingly established. Investigating Officer obtained mobile call detail reports of Kala, Harun Qureshi, Rahees and Nadeem, in which their location in the area where cows remains were found was revealed in the night of 02/03.12.2018. It was also came in light that the petitioner through his mobile phone no. 9456840786 contacted Kala on his mobile no. 8393835591 at about 19:29 and 21:27 hours and Harun Qureshi on his mobile no. 9837436016 at 18:19, 19:05, 19:10, on 02.12.2018 and at 2:17, 2:18, 12:00 and 12:20 hours on 03.12.2018. On 23.12.2018 one Yunus @ Bale son of Qadeer Khan were interrogated. On 26.12.2018, Gulfam son of Yakoob, Mehboob Ali (the petitioner) and Arvind Kumar Sharma were arrested. On 29.12.2018 Mohd. Haroon son of Khan Mohammad was arrested along with Jeep No. UTC 915, one DBBL gun and cartridges, who informed that jeep belonged to Mehboob Ali.;