NEBU LAL Vs. DISTRICT MAGISTRATE BASTI

JUDGEMENT

(1.) Heard Sri R. K. Tripathi, learned counsel for the petitioner and Sri Mahendra Pratap Singh, learned A.G.A. for the State of Uttar Pradesh.

(2.) Brief facts of the case are that on 13-8-2001, the detenu was in jail in connection with an offence under Section 3/5/8 of Cow Slaughter Act and 3/11 of Animal Cruelty Act. While he was in jail in Crime No. 435 of 2001 in connection with the abovesaid offence, present detention order dated 27-8-2001 was served on him on the ground that the act of slaughtering a cow and throwing the carcass and its flesh into a well caused tension between two communities residing in its vicinity. The news was also published in some newspapers. Additional force was deployed to check the mounting tension between rival communities. It is further contended in the grounds of detention that the petitioner was frantically trying for bail which ultimately was granted to him after the passage of the abovesaid detention order.

(3.) Learned counsel for the petitioner raised following submissions against his detention under Section 3(3) of the National Security Act (to be referred hereinafter as NSA). The first contention is that the offence discussed above does not give rise to any threat to public tranquillity. This offence directly relates to law and order. The second contention is that the petitioner was seriously offended in making an effective representation by non-supply of bail application moved in crime No. 435/2001 along with grounds of detention which was also not produced before the detaining authority. The last submission is that the representation of the detenu/petitioner was decided belatedly by the State Government. The delay as pointed out by learned counsel for the petitioner is of 5 days only.