(1.) This is a petition for the issue of a writ of habeas corpus.
(2.) The petitioner is detained in District Jail, Moradahad under the order of the District Magistrate, Moradahad dated 15-7-1983 passed under Section 3(2) of the National Security Act 1980 with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. The detention order along with copies of the first information report and the relevant General Diary entry were served on the petitioner on the same day (15-7-1983) in jail. The petitioner submitted his representation on 3-8-1983. A copy of the representation was sent on that very day to the Advisory Board by the District Magistrate, Moradabal and was placed before the Advisory Board on 4-8-1983. The District Magistrate sent another copy of the representation to the Police authorities on 3.8-1983. The comments of the Police authorities were received by the District Magistrate on 8.8-1983 and the representation of the petitioner was sent to the State Government on 9-8-1983 by the District Magistrate along with his comments. The State Government rejected the representation of the petitioner on 18-8-1983.
(3.) It was mentioned in the ground of detention, which was communicated to the petitioner on 15-7-1983, that the petitioner on 8-7-1983, which was the last Friday of Ramzan, at about 7.20 P.M in Mohalla Sarai Hussaini Beghum in the city of Moradahad threatened persons with an open knife and demanded money from them, and told them that in case he was not given money to celebrate the Id-festival he would stab some Hindu and create communal riot in the city or stab himself and implicate someone falsely. On receiving information regarding the activity of the petitioner, the Police authorities went to the spot and saw the petitioner threatening to create communal riot and arrested him. Case No. 215 under Section 25 of the Arms Act was registered against the petitioner at the Police Station and the activities of the petitioner were also noted in the General Diary Entry No. 35 recorded at 7.20 P.M, on the same day 8-7-1983 at the Police Station. As Id was to be celebrated on 12-7-1983 the petitioners threat to create communal riot resulted in wide spread terror in the locality which affected the maintenance of public order.