AFZAL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) G. Malviya, J. The petitioner Afzal Ahmad has been detained in pur suance of an order dated 15-1-1991 passed by the District Magistrate, Aligarh under ' ection 3 (2) of the National Security Act. The grounds of detention which were served on him have also been annexed with the present petition by which the petitioner has challenged the validity of his detention in pursuance of the said order and grounds.

(2.) BRIEFLY stated the grounds on which the petitioner has been detained reads as follows: "on 8-12-1990 at about 3. 00 p. m. in Qasba Atrauli you Afzal Ahmad son of Maqbool Khan aged about 20 years with a view to create communal tension and terror in the said Qasba threw a bomb in the shop of Chetan Swarup son of Chaturbhuj Dayal. The said bomb got exploded in your hands with the result you got injured. On account of the bomb blast, people started running away after closing their shops and the entire market was closed. People hid themselves in their houses. The Hindus in the locality started feeling insecured and on account of the said conduct of yours, the public order got disturbed. A first information report bearing Crime No. 370/90 under Section 307 I PC read with Sections 4/5 of the Explosive Substance Act and 7 Criminal Law Amendment Act was registered at police station Atrauli which was pending investi gation. You are in jail but are likely to be released in near future. On your release from jail, there is every possibility that you would again indulge in similar activity and cause disturbance of pnblic order not only in the Qasba put in the entire district. Consequently with a view to prevent you from acting in such similar manner, it is necessary to preventively detain you. "

(3.) LEARNED counsel for the petitioner contended and in view of the judgment of the Supreme Court in the case of Jaimala v. Home Secretary AIR 1982 SC 1297, it cannot be expected that the petitioner who was aged about 16 years at the time of the incident could indulge into aa activity which could be a serious threat to the maintenance of public order.