SANOO ALIAS ULANGA Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Misra, J. Through this petition, the petitioner has challenged the detention order dated 3-8-2005 passed by District Magistrate, Kanpur Nagar, respondent No. 2, under Section 3 (2) of the National Security Act.

(2.) THE grounds of detention are contained in Annexure No. 1 to the writ petition. It is stated therein that on 21-12-2004 at about 3. 30 p. m. the petitioner alongwith his other associates took out Rs. 20,000/- from the pocket of Nazim son of Barkat Ullah at the leather shop at Iftikharabad within P. S. Anwarganj. It was objected to by Nazim, Shariet Ullah and Altab Farman. THE petitioner attacked with bombs and in the incident Shariet Ullah sustained injuries in both his legs. On getting the information, Barkat Ullah- father of Nazim reached the spot with his licensed gun and opened fire in the air in defence of his son and brother. then the petitioner alongwith his associates ran away. An F. I. R. was registered as case crime No. 182/04 under Section 386, 307, 506 I. P. C. and 3/5 of Explosives Act. THE copy of the F. I. R. is Annexure No. 5 to the writ petition. It has also come on record that because of the said incident, shops in the locality were closed. THE incident had taken place in broad day-light. THEre was hue and cry and atmosphere was exceedingly charged which resulted in breach of public order.

(3.) THE main contention of the learned Counsel for the petitioner is that the incident relied upon for passing the impugned detention order relates only to the problem of law and order and it had nothing to do with the maintenance of public order.