MOHD. FAIYYAZ MANSURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the detenue/petitioner, Mohd. Faiyyaz Mansuri, through his next friend/brother Mohd. Siraj, challenging the order of detention dated 17.09.2020 passed by the District Magistrate, Lakhimpur Kheri under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as "N.S.A."), the order of approval dated 25.09.2020 passed by the Under Secretary, Home (Confidential) Department, Government of Uttar Pradesh under Section 3(4) of the N.S.A. and the order of confirmation dated 28.10.2020 passed by the Under Secretary, Home (Confidential) Department, Government of Uttar Pradesh under Section 12(1) of the N.S.A.

(2.) During pendency of the instant writ petition, the State Government has extended the detention of the detenue/ petitioner for a further period of six months from the date of detention i.e. 17.09.2020, vide order dated 08.12.2020, which is also challenged by the detenue/petitioner by means of amendment.

(3.) The prejudicial activities of the petitioner/detenue impelling the third respondent (District Magistrate, Lakhimpur Kheri) to clamp the impugned detention order against him are contained in grounds of detention. Facts relating to the detention of the detenue/petitioner as given in the grounds of detention (Annexure 8) accompanying the impugned detention order 17.09.2020 are that one Sagar Kapoor, s/o Brijesh Kapoor, resident of Bazarganj, Police Station Mohammadi, District Kheri made a written report to the effect that on 05.08.2020, at 8:39 P.M., the detenue/petitioner had posted provocative post with the intention of provoking the sentiments of Hindu society through his Facebook I.D., to which one Samreen Bano made indecent comment on 5.8.2020, which was supported by Mohd. Arif, Mohd. Shadab and other three-four persons by attacking the Hindu religious sentiments and tried to increase religious fervor and threatened to kill and also tried to disturb the peace in the area. On the basis of the said written report, F.I.R. No. 0595 of 2020, under Sections 153A, 292, 505 (2), 506, 509 I.P.C. and 67 of the Information Technology (Amendment) Act, 2008, at Police Station Mohammadi, District Kheri was registered on 06.08.2020 at 12:46 P.M. During the investigation, Sections 292/509 I.P.C. were dropped, however, Section 295-A I.P.C. was added. On 08.08.2021, the detenue/ petitioner was arrested in connection with the aforesaid F.I.R. and sent to jail. The said incident was published in daily newspaper ''Hindustan' and ''Amar Ujala'. On account of the act of the detenue/petitioner in posting inflammatory post of offending material through his facebook, various Hindu organizations and local persons were angry and gathered in the area and raised slogans against the inflammatory post of offending material and also blocked the road, because of which, the flow of normal life, peace and discharge were disturbed and the atmosphere of the area was very tense. After deploying the additional police force and after serious efforts, the public order could be restored.