NAEEM Vs. DISTRICT MAGISTRATE AGRA

JUDGEMENT

(1.) The above two writ petitions have separately been filed by each of the petitioners for quashing the detention order dated 11-9-2002 passed by District Magistrate, Agra, respondent No. 1 under Section 3 (2) of National Security Act.

(2.) Each of the petitioners was separately served with the grounds of detention along with order of detention, which stated that on 30-8-2002 at about 8.30 a. m. 10-45 persons of Mohallas Shiv Nagar and Radhey Wali Gali came to police out post Sarai Khawaja and informed Officer Incharge of the said police out post that cow was being slaughtered in the house of petitioner Naeem situate in Mohalla Shiv Nagar Radhey Wali gali. They also told that several persons of Hindu community armed with lathis, dandas had surrounded the said house of Naeem and were saying loudly that it was insult to Hindu religion. On above information, Officer Incharge of police out post informed higher authorities on telephone and he visited the spot along with heavy police force. On reaching the spot he found that several persons had surrounded the house of Naeem and their religious feeling was badly hurt. They were enraged to take revenge. There was atmosphere of chaos and communal tension was at the peak. Public order was badly disturbed. The Police Officer tried to control the crowd, but anger of the people was being increased. The police force knocked the door and after some time it was opened. In opening the door the Police Officer saw that petitioner Naeem was slaughtering a cow by cutting its neck by a big iron gandasa. Ibrahim was separating head of the cow from its trunk and was further cutting it into pieces. Nijamuddin was cutting front legs with Chhuri and Pappu was cutting back legs of cow by Chhuri. Bhagwan Singh was cutting trunk and Mahadevi was peeling off skin and pulling out intestine and other digestional parts. One Salim, associate of petitioner climbed the roof of house and ran away. At about 9-15 a.m. the petitioners along with other three persons were apprehended on the spot. The Arresting Officer prepared arrest memo and took into possession blood stained cutting instruments, five big chhuris, 9 Sariyas and hooks, one iron balance 7 pieces of weights measurements and the cut pieces of cow. The people of Mohallas Shiv Nagar and neighbouring Mohallas were coming out of their houses and assembled on the road. Assessing the situation additional force of P. S. Jagdishur, Loha Mandi and Nai ki Mandi was called and crowd was controlled. Public order of entire locality was badly disturbed. The people were raising slogans. Their religious feeling was being hurt. The people of nearby Mohallas blocked road and even tempo of life was badly disturbed. A case at crime No. 434 of 2002 under Sections 3/8 U. P. Prevention of Cow Slaughter Act was registered at P. S. Shahganj against the petitioner Salim and his six associates.

(3.) The petitioners were arrested on 30-8-2002 and were detained in jail in connection with above case. They had also moved bail application before the Sessions Judge. There was real possibility of their being released on bail. In case of release on bail, there was real possibility that petitioners would indulge in similar activities of slaughtering cow, which would adversely affect the maintenance of public order.