TARIK Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By this Habes Corpus Writ Petition, the petitioner is challenging the order dated 22nd June 2006 passed by the District Magistrate, Aligarh, whereby, the petitioner has been preventively detained under Sec. 3(2) of the National Security Act, 1980. The detention order is enclosed as Annexure 4 to this writ petition along with the grounds of detention. It appears from the record that the petitioner was under detention pursuant to an F.I.R., dated 8th Aug. 2006 under sections 147/148/149/307/336/504/153 A I.P.C., read with Sec. 7 of the Criminal Law Amendment Act, registered as case crime No. 275 of 2006 at P.S. Delhi Gate district Aligarh. The allegation in the First Information Report is that the petitioner along with certain other persons indulged in rioting and spreading rumours from the spot.

(2.) The grounds of detention state that on 8th June 2006 while curfew had been imposed in the Aligarh City, at around 12:00 noon, it was found that persons of the Hindus and Muslim community armed with dangerous weapons including fire arms were pelting stones at each other with religious slogans and abuses. It was also alleged in the detention order that rumours were being spread that a Muslim boy had been dragged away by Hindu boys.

(3.) The allegation in the grounds of detention against the petitioner is that the petitioner along with his accomplishes armed with dangerous weapons namely, country made pistols were shouting provocative slogans saying that Hindus should be assaulted as they have caught hold of a Muslim boy. They were also pelting stones.