RAM SEWAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. Ravi Kumar Mishra, learned counsel for the petitioner and Mr. S.P. Singh, learned AGA for the State.

(2.) This petition has been filed seeking issuance of writ of certiorari quashing the order of detention dtd. 1/10/2021 passed by the District Magistrate, Sitapur under Sec. 3 (2) of the National Security Act, 1980 (for short the 'Act 1980'). A writ of mandamus has also been sought commanding the opposite parties to set the petitioner at liberty forthwith.

(3.) The facts of the case are that an incident took place on 18/8/2021 at about 7 PM, when minor daughter of Kamal Kishore aged about 10 years went missing. The villagers searched her and ultimately her body was found in a field at about 10 PM. The aforesaid Kamal Kishore lodged a First Information Report bearing case Crime No. 229 of 2021 under Sec. 302 IPC. Subsequently, Ss. 201 and 376 IPC read with Sec. 5(d)/6 of Prevention of Children from Sexual Offence Act, 2012 were also added. The petitioner herein was apprehended on 20/8/2021 in connection with the said crime and was sent to jail. The petitioner applied for bail in the said case. During pendency of the bail application, the impugned order of preventive detention was passed by the District Magistrate on 28/9/2021 under Sec. 3(2) of the Act 1980 so as to prevent him from acting in a manner prejudicial to the maintenance of public order. The District Magistrate passed the order on the report of the Sponsoring Authority. The supporting material which is the basis for preventive detention was supplied to the petitioner and has been annexed by him. Apart from the satisfaction recorded by the District Magistrate with reference to the ingredients of Sec. 3 (2) of the Act 1980, as claimed by the learned AGA, he has also mentioned that enlargement of the petitioner on bail could endanger public order, hence the preventive detention.