HABIBULLAH Vs. STATE OF U P

JUDGEMENT

(1.) J. S. Sidhu, J. These nine habeas corpus petitions have been filed against identical orders of detonation dated 17-7- 1995 on the same material passed against them (Aunexure 1 to every writ petition) by District Magistrate, Moradabad under the National Security Act, 1980. This will dispose of all these nine petitions.

(2.) FACTS essential for the disposal of the Habeas Corpus petitions are that a case was registered against the petitioners and others under Sec tions 147, 452, 336, 323, 427, 504 and 506 IPC in Police Station Civil Lines Moradabad on 6-7-1995 at 11 a. m. (copy of the FIR is annexure 2 in the first six and annexure 3 in the rest of the petitions) arising out of an occurrence at 8. 05 a. m. that day the occurrence in sum and substance being that when a police party from Police Station, Civil Lines, Moradabad reached the spot in mohalla Chakkar of Moradabad town they found two rival groups, each ten or so strong, indulging in exchange of brickbats, in bandying of abuses besides hurling threats to the lives of each other and the law and order to have been thereby shattered and arrested the peti tioners named in the FIR then and there whereas the rest of the miscreants, two of whom are named in the FIR and the rest unnamed, made good their escape. On 7-7-1995 the District Magistrate was in receipt of a report from the sponsoring authority (police) and thereafter (the District Magistrate) passed detention orders against the petitioners on 9-7-1995 under the National Security Act, 1980. This order was, however, revoked by him later on 17-7 1995 and the instant detention orders ageist the petitioner. ; passed the same day on the same material as before. The petitioners were served with these detention orders on 24-7-1995, there representations against the orders were forwarded to the State Government by the District Magistrate on 6-8-1995, these were rejected on 9. 8. 1995 the rejection having been received in the office of the District Magistrate on 12-8-1995. All the petitioners appeared before the Advisory Board on 25-8-1995 and the State Government confirmed the detention orders on 6-9-1995. These detention orders have been challenged by the petitioners in these writ petitions on sundary grounds.