JALEESH AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) BY way of this writ petition, Petitioner has prayed for issuance of (i) a writ, order or direction in the nature of habeas corpus directing Respondents to release him from preventive detention, (ii) a writ in the nature of certiorari for quashment of detention order dated 19.2.2009, passed by District Magistrate, Lucknow Under Section of National Security Act, 1980 ( For short "the N.S.A."), and (iii) any other appropriate writ, order or direction in the facts and circumstances of this case.

(2.) IT appears that the impugned detention order was passed on the basis of an incident being the subject -matter of Case Crime No. 554 of 2008 registered Under Sections , and , I.P.C. and also on account of registration of offence Under Section / of U.P. Gangsters and Anti -Social Activities (Prevention) Act, 1986.

(3.) LEARNED Counsel for Petitioner challenged the detention order while contending that it has been passed in a mechanical manner, and without application of mind by the detaining authority. Had the relevant documents been placed before the detaining authority by police which is the sponsoring authority, perhaps, the detaining authority would not have passed the order. Learned Counsel also submitted that the alleged solitary incident was directed only against a particular individual and it did not carry a tendency to affect the public at large so as to warrant the imposition of detention order under N.S.A. There is no rational connection between the alleged offence dated 27.9.2008 and the order of preventive detention, dated 19.2.2009, as the time gap between the two was over four months, and thus, the object and purpose behind passing the detention order did not survive.