WAZIR YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In spite of several decisions by the Hon'ble Supreme Court and following them, by this Court and perhaps all other High Courts, counsel are emboldened to argue that the given case may not fall within the ambit of "acting in any manner prejudicial to the maintenance of public order" and shall be confined to the "law and order" problem. In the instant case, however, since the petitioner Wazir Yadav claims himself to be a 28 years aged man, being a student of Class M.Ed. in Nanak Chand Angle Sankrit College, Meerut and that he is a sportsman and a renowned social worker and further claims to be a student leader, his actions as reported through grounds 1, 2, 3 and 4 appear to be too serious to countenance the aforesaid argument.

(2.) It appears that on 26-2-92 the District Magistrate has passed an order of detention under Section 3(3) of the National Security Act (N.S.A.). In passing the said order, the District Magistrate felt satisfied that since it vas necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order, the passing of the order under N.S.A. was imperative. He based his satisfaction on the following grounds which too were supplied to the petitioner and served along with the said detention order dated 26/02/1992 when he was arrested :-

(3.) It was further narrated that the petitioner on bail since 17-2-1992 and ever since he is planning to indulge in the same violent activities to spread indiscipline and violence, regarding which the police of Police Station Lalkurti Meerut through Sub-Inspector Sri Rajendra Singh has registered a report in the General Diary No. 40 dated 18-2-1992. The aforesaid unsocial and criminal activities of the petitioner has disrupted the normal social life particularly the academic life amongst the teachers, male students and female students and a reign of terror is noticed.