BHADDU ALIAS JAMAL Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. By means of this petition the petitioner has challenged the detention order dated 1-11-2001 passed by respondent No. 4 District Magistrate, Basti under Section 3 (2) of the National Security Act, 1980 and his continued detention thereunder. The grounds of detention are contained in Annexure-4 to the writ petition, the gist whereof is that in between the night of 13/14-10-2001 at about 12. 30 a. m. the petitioner with his associates was slaughtering she-calf of a cow in cattle shed of Sukhai son of Muhammad Islam in village Tusayal, P. S. Sonaha, District Basti. The wailing of the she-calf attracted the villagers Diwakar Dhar Dubey and others, but the petitioner and his associates hurled abuses on them, became violent and assaulted them with threats. After having slaughtered the she- calf, he and his associates were making pieces of beef (flesh of she-calf ). The incident gave rise to commotion. The people started running hither and thither and an atmosphere of terror came to be created. The public order was completely disturbed. Additional force had to be deployed to control the situation, as communal tension had been created between two communities by the aforesaid activities of the petitioner and his associates.

(2.) COUNTER and rejoinder affidavits have been exchanged. We have heard learned Counsel for the petitioner, learned A. G. A. on behalf of respondents No. 1, 4 and 5 and the learned Counsel representing Union of India respondent No. 2. We have carefully considered the matter.

(3.) IT is obvious that there was no indifference or lapse on the part the State Government and Union of India in considering the representation. IT was immediately processed and decision taken without any loss of time. There is nothing to impute inaction or inertness to either of them. Therefore, the second argument advanced by learned Counsel for the petitioner is also lost.