GAURAV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) S. Rafat Alam, J. In the instant petition the sole petitioner has questioned the validity of the order of the District Magistrate, Bareilly dated 8-4-2004 detaining him under the provisions of Section 3 (3) of the National Security Act, 1980 (hereinafter referred to as 'the Act'), on account of his involvement in case crime No. 556 of 2003, under Section 302 IPC, Police Station Anwala, District Bareilly.

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

(3.) LEARNED counsel for the petitioner challenged the order of detention mainly on the ground that the alleged act does not relate to the public order. It is argued that the alleged incident took place in the house of the petitioner and no body has seen it and, therefore, it cannot be said to be a case of breach of public order and, at most, it can be a case of failure of law and order, which can be dealt with under the Penal Code.