ZIYAUL HASAN Vs. SUPERINTENDENT DISTRICT JAIL MAU

JUDGEMENT

(1.) R. C. Deepak, J. The petitioner Ziyaul Hasan son of Sri Shafiurrahman resident of Mohalla Shahi Katra, Police Station Kotwali Mau, District Mau is detained under Section 3 (2) of the National Security Act, 1980 vide detention order dated 3-12-2005 passed by the Sri Mukesh Meshram, District Magistrate, Mau. By way of this habeas corpus writ petition he has challenged the validity of the detention order and has made a prayer to quash the same.

(2.) THE grounds of detention, as disclosed in Annexure-2 to the Writ Petition, are that on 14-8-2005 at 8. 00 a. m. at Mohalla Allauddin, Police Station Kotwali, District Mau the petitioner Ziyaul Hasan alongwith his sons assembled hundred Muslim youths and shouted the slogan "allah Ho Akbar", delivered inflammatory speeches and thereby excited and incited the people to loot and put up on fire to the houses and shops, as a consequence the articles of Mohan Shah and Nand Lal Sahani were looted and the shops were set at fire including the house of Mehraj Agarwal. Consequently, the public order was badly effected and communal riots prevailed; that the situation became out of control. THE situation was controlled only when the P. A. C. , R. A. F. and Police Forces from neighbouring Districts reached there. A case as case crime No. 1583-S of 2005 under Sections 147, 435, 436, 153, 427, IPC was registered against them.

(3.) ON the other hand Sri A. K, Tripathi, learned A. G. A. has vehemently argued that the basis of the detention order dated 3-12-2005 is not the bail application of the petitioner, so the detaining authority did not consider it relevant to supply the copy thereof; that non-supply of the copy of the bail application did not cause prejudice to the petitioner, as he was aware of the grounds taken therein. It was subjective satisfaction of the detaining authority to pass the said detention order in order to maintain the public order and in support of his contention he has relied upon the cases of Abdul Sattar Abrahim Manik v. Union of India and Ors. , J. T. 1991 (4) SC 103, J. T. 2002 (6) SC 189, Sunila Jain v. Union of India, J. T. 2006 (2) SC 612; AIR 1999 SC 640, N. Mira Rani v. Government of Tamil Nadu and Anr. , AIR 1989 SC 2227.