SHAJADE Vs. STATE OF U P

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed for setting-aside the order of detention passed against the petitioner Shahjade under Section 3 (2) of the National Security Act dated 1-4-2009 by District Magistrate, Kaushambi.

(2.) The detention order was passed on the grounds that the petitioner and his companions were found on 5.2.2009 at 3.30 p.m. slaughtering cows and bulls. Dead bodies of 33 bullocks and 6 cows, 2 bullocks alive along with knives, chhuries weights and measuring scale were also recovered. Hindus and Muslims in large number assembled on the spot. As a result of these activities, a feeling of anger and fear was developed in the public mind, communal tension was created and public order was disturbed. As the petitioner's bail had been rejected by the Magistrate, the District Magistrate apprehended that the bail might be granted by the Sessions Court and there was apprehension that the petitioner would again involve himself in the aforesaid criminal activities affecting public order, hence it was thought necessary to preventively detain the petitioner.

(3.) We have heard Sri Rajendra Jaiswal, learned counsel for the petitioner, Sri Sudhir Mehrotra, learned counsel for the respondent Nos. 1,2 and 3 and Sri Amit Sinha, learned counsel for respondent No. 4 Union of India.