ZAKA ULLAH Vs. SUPERINTENDENT DISTRICT JAIL BASTI

JUDGEMENT

(1.) BOTH the above Habeas Corpus writ petitions have been filed challenging the impugned detention orders dated 4 -3 -2004 passed by the District Magistrate, Basti, respondent No. 2, under Section 3(2) of the National Security Act, 1980. The impugned detention orders dated 4 -3 -2004 have been passed on the basis of the one and the same F.I.R., hence both the petitions are disposed of by a common order.

(2.) IN the grounds of detention, Annexure -2 to the petition, it is stated that on 21 -2 -2004 at about 9 a.m. in Mohalla Rahmatganj, P.S. Kotwali, District Basti when informant Mohd. Ashraf alongwith his brother Akmal Khan and some other persons of his Mohalla was going to his house and reached near the house of the petitioner Zaka Ullah and his brother Wasi Ullah, they alongwith his associates were standing mere and upon seeing them they began to hurl abuses on the Corporator Akmal Khan. When the informant and his companions objected, Wasi Ullah and Inayat Ullah fired upon Akmal Khan Corporator. Others exhorted that he was involved in the snatching of their Mobile. The shot hit Akmal Khan and the Case Crime No. 200 of 2004 under Section 302 IPC was registered against the petitioners and their associates at P.S. Kotwali, District Basti. It is further stated that due to the incident, atmosphere of terror and fear prevailed in the locality and the public order was completely disturbed. In the grounds of detention order passed in respect of Inayat Ullah petitioner of H.C. Petition No. 20878 of 2004, there is also mention of an incident involving him, which took place on 27 -11 -1996.

(3.) WE have heard Sri Chandra Kesh Misra, learned Counsel for the petitioners and Sri Arvind Tripathi, learned A.G.A. as well as Sri J. Lal, Counsel for the Union of India.