LAWS(ALL)-2015-4-173

MOHARRAM ALI ALIAS PAPPU Vs. UNION OF INDIA

Decided On April 28, 2015
Moharram Ali Alias Pappu Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This habeas corpus petition is directed against the orders of detention passed under the National Security Act and the rejection of the representation of the petitioner by the respondent State Government confirming the detention order for a period of 12 months. The impugned orders are of the District Magistrate, Saharanpur dated 30th July, 2014, the detaining authority, and the confirmation order of the State Government dated 19.9.2014.

(2.) The petitioner has a history of 31 criminal cases. The details have been given by the petitioner himself in Annexure 2 to the writ petition. The incident which has led to the passing of the order of detention is dated 26th July, 2014. This incident took the shape of an FIR lodged by the Inspector Incharge, Police Station Kutub Sher being Case Crime No. 306 of 2014, under Sections 147/148/149/307/504/506/436/336/332/353/153A/427 I.P.C. and 7 Criminal Law Amendment Act and 3/4 Prevention of Public Property Damages Act.

(3.) The FIR names 63 persons but the name of the petitioner appears prominently as the person having led a huge mob of 400 to 600 involved in attacking innocent people and causing loot and arson in the area inflaming wide spread communal passions with regard to a dispute over constructions on a piece of land adjacent to a Gurudwara.