DHARMA DUTT TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner- detenue Dharma Dutt Tiwari has impugned the order dated 5-2-2002 passed by IInd respondent Mr. B. P. Misra, District Magistrate, Faizabad detaining him under Section 3 (2) of the National Security Act. The detention order along with the grounds of detention, which are also dated 5-2-2002, was served on the petitioner-detenuee on 6-2-2002 and their true copies have been annexed as Annexure Nos. 1 and 2 respectively, to the petition.

(2.) THE prejudicial activities of the petitioner impelling the 2nd respondent to issue the impugned detention order against him, are contained in the grounds of detention (Annexure-2 ). THEir perusal would show that the impugned order is founded on a solitary C. R. namely C. R. No. 579 of 2001 of Police Station Kotwali, Ayodhya, Faizabad, under Sections 147, 148,149, 307 I. P. C. Section 3 of the Explosive Substances Act and 7 Criminal Law Amendment Act, registered on 28-5-2001, on the basis of a complaint lodged by Vishambhar Das. Since in our view it is not necessary to advert to the details of said C. R. contained in the grounds of detention, for the adjudication of the pleading contained in para 17 of the petition, on which alone this writ petition deserves to succeed, we are not adverting to them.

(3.) WE have perused the averments contained in para-17 of the petition, those contained in paras-14 and 15 of the return of the detaining authority, wherein said averments have been replied to, heard learned counsel for the parties and make no bones in observing that this writ petition deserves to be allowed.