KARAN SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Challenging the validity and legality of the order dated 30.9.2014 passed by respondent no. 4, District Magistrate, Ghaziabad under Section 3(3) of the National Security Act, 1980 and the order dated 17.11.2014 passed by respondent no. 3-Joint Secretary, Home and Confidential Department, Government of U.P., Lucknow confirming the same by exercising the power under Section 12(1) of the National Security Act, 1980, the petitioner by means of the present habeas corpus writ petition has, approached this Court, praying for quashing of both the aforesaid orders.

(2.) The brief facts giving rise to this petition are that an incident of rape of 10 years old girl named Rakhee by a 60 years old man Sayyad Mohammad had occurred on 17.8.2014 in district Ghaziabad involving communal tension due to the reason of minor girl being Hindu and the accused being a Muslim old man. On 18.8.2014 when Inspector Gorakhnath Yadav, In-charge of the Police Station Loni, district Ghaziabad alongwith Sub Inspector Bhanu Pratap Singh, S.I. Sanjay Singh, S.I. Rajeev Kumar, S.I. Sanjiv Kumar Shukla, S.I. Kawish Kumar and some police constables was on patrol duty and was checking law and order situation apprehending communal riot, about 164 people (15 named and 150 unnamed) reached on the road raising slogan of "Jai Shree Ram" and blocked the Delhi-Saharanpur Highway. In order to ease the situation, the police tried to pacify the agitated mob but the mob became offensive. It started firing on the police. The old tyres and wooden benches were put on fire by the mob which also started looting the shops and destructed the government vehicles. Stones were pelted on Mustafa Masjid and Ek Minari Masjid and anti muslims slogans were raised causing huge chaos in the entire area. Due to this incident, terror crept in the entire locality, shopkeepers put their shutters down due to fear of communal riots and a curfew like situation was created in the area. To control it, extra police force as well as Para-military forces were called.

(3.) Inspector Gorakh Nath Yadav gave oral information about the incident at Police Station Loni, on the basis of which a first information report was registered at Case Crime No. 2235 of 2014 under Sections 147, 148, 149, 436, 341, 336, 332, 353, 395, 397, 307, 153A and 427 I.P.C. readwith Section 5 of Prevention of Public Property Damages Act and Section 7 of Criminal Law Amendment Act, Police Station Loni, district Ghaziabad against 15 named and about 150 unnamed persons.