RAEES Vs. DISTRICT MAGISTRATE KANPUR NAGAR

JUDGEMENT

(1.) M. C. Jain, J. Through this petition, the petitioner has challenged the detention order dated 9-5-2003 passed by respondent No. 1 District Magistrate, Kanpur Nagar under Section 3 (2) of National Security Act, 1980.

(2.) THE grounds of detention are contained in Annexure-2 of the petition. On 5-4-2003, S. K. Singh S. O. of Police Station Babu Purwa was patrolling the area when he was informed by an informer that in the street in front of Idgah near Madarsa under construction, in the house of Guddu Panchhi, he and his companions were slaughtering cows. He, accompanied by other police personnel, reached that place at about 8 p. m. and found four persons skinning off a she-calf and a cow after slaughtering them. THE petitioner's companions Mahtab and Syyad Husain were apprehended at the spot with knife and axe, but the petitioner and his companion Guddu Panchhi managed to escape. Slaughtered cow and she-calf were found lying at the spot. THE news of the incident spread in the area like wild fire. Members of the two communities of the society, i. e. , Hindus and Muslims collected at the spot in agitated mood and started raising slogans against one another. Communal harmony was disturbed and the atmosphere became tense. THE shopkeepers started downing their shutters. People ran helter-skelter. THE public order was completely disturbed. S. O. informed the higher authorities on telephone and requisitioned additional force to control the situation. Case Crime No. 217 of 2003 under Sections 3/5/8 of U. P. Cow Slaughter Act was registered against the petitioner and others.

(3.) OBVIOUSLY, it is the reaction or fall out of an incident in the society which is determinative as to whether it was only disturbance of law and order or that of public order. In the present case, there was a live link between the alleged criminal activity of the petitioner of cow slaughtering and the purpose of detention. The act was clearly prejudicial to public order as is borne out from the grounds of detention reiterated by respondent No. 1 District Magistrate, Kanpur Nagar in his counter-affidavit. The act of the petitioner offended the religious feelings of a sect of society venerating cow and its progeny, besides being in contravention of U. P. Prevention of Cow Slaughter Act. The incident disturbed the even tempo of the life of the society. Members of two communities thronged the spot, shouting slogans against one another. The shops were closed and public tranquillity was disturbed in the area with tempers of the two communities of the society running high. Additional force had to be deployed in the area to restore the confidence of the people and for the return of normalcy. The incident adversely affected the social harmony, created communal tension and disturbed public order of the area. The matter certainly pertains to public order and not to law and order. We, therefore, reject the sole argument advanced by the learned Counsel for the petitioner in support of the petition that it was a matter of law and order only. We find the incident, in which the petitioner was allegedly involved, to be that of public order having damaged the harmony of the society, disturbing public tranquillity.