ABDUL HAFIZ ANSARI Vs. SUPERINTENDENT DISTRICT JAIL MORADABAD

JUDGEMENT

(1.) By this petition for a writ of habeas corpus, petitioner Hafiz Ansari seeks to question the validity of his detention under Section 3 of the National Security Act (hereinafter referred. to as the Act), authorized by the District Magistrate, Moradabad, vide his order dated 13th of October, 1982.

(2.) On 21st of September, 1982 Police Inspector Dharm Veer Singh, Station Officer, Police Station Mughalpura, Moradabad, lodged a first information report implicating the petitioner in connection with offences under Section 147/353/153-A Indian Penal Code and Section 3 of the Criminal Law Amendment Act. The petitioner surrendered himself before the Chief Judicial Magistrate in connection with the aforesaid case on 12th of October, 1982 and on 13th of October, 1982 he was directed to be released on bail. While directing the release of the petitioner on bail, the Chief Judicial Magistrate also directed him not to enter the city of Moradabad for a period of two months. Before the petitioner could, in pursuance of the order passed by the Chief Judicial Magistrate, be released on bail, be was served with the impugned detention order, grounds thereof and the supporting documents which included a copy of the first information report dated 21st jf September, 1982, general diary entry dated 21st of September, 1982 and the report submitted by the Deputy Superintendent, Local intelligence Unit dated 22nd of September, 1982.

(3.) The grounds of detention served upon the petitioner referred only to following single incident as forming the basis of District Magistrates satisfaction that it was necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to maintenance of public order: On 20th September, 1982 dead body of Qamaruddin was found lying on the bank of Ram Ganga behind lama Masjif. in the city of Moradabad. The discovery of the body caused an atmosphere of distrust, fear and tension in the entire city. Again on the morning of 21st September, 1982 dead body of Hazi Khalil Ahmad was found lying behind lama Masjid. A crowd of about 700-800 which included the petitioner gathered near the dead body and prevented the police from preparing the inquest report. With great difficulty the police could manage to move the dead body to lama Masjid from where it wanted to take it on a jeep to the mortuary for postmortem examination. However, the petitioner along with his companions Sultan, Mohd. Fahim, Mohd. Usman, Babu Ahsan, Abdul Hafiz, Salim Pahelwan, Muslim Kukhtar, Babu Ahsan carried the body to Mohalla Parizada. In the way the petitioner was shouting all this is the work of Hindus, we will take the revenge. For each time will take ten lives. Thus the petitioner had by forcibly taking away the dead body from the Police and raising aforementioned slogans infused a feeling of hatred and revenge amongst the Muslims. Such activity of the petitioner created a feeling of fear, terror and tension in the entire city. In connection with this incident crime case No. 246/82 under section 147/353/153-A Indian Penal Code and Section 7 of the Criminal Law Amendment Act had been registered against him. Report of the Local Intelligence Unit dated 22nd September, 1982 mentioned about aforementioned activity of the petitioner which had prejudicially affected the maintenance of public order. In due course, the order for petitioners detention received the approval of the State Government and was confirmed by it.