MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) BY this writ petition under Article 226 of Constitution of India, the sole petitioner Munna has prayed for quashing of the order of the District Magistrate, Kannuaj dated 24-7-2002 directing his detention under Section 3 (3) of the National Security Act (hereinafter referred to as 'the Act' ).

(2.) COUNTER and rejoinder-affidavits have been exchanged and are on record.

(3.) LEARNED Counsel for the petitioner submits that the co-accused Raju against whom it has been alleged in the FIR that he fired at the deceased, was also detained under the Act alongwith the petitioner. His detention was challenged in Habeas Corpus Writ Petition No. 4848 of 2003 and that writ petition was allowed vide judgment and order dated 31-3-2003 wherein it has been held as under : "in this way we find that the incident related to only law and order problem and the petitioner could be easily dealt with under the Indian Penal Code and the incident had no effect or impact on the public order justifying detention of the petitioner under Section 3 (2) of the National Security Act as it could not provide a rational basis for the preventive detention. Since the incident in question related to the only law and order problem, we hold that the detention order of the petitioner is illegal. "