RIAZ AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above-named four writ petitions, under Art.226 of the Constitution, have been filed for a Writ of Habeas Corpus to produce the petitioner in this Court and to set them at liberty. The District Magistrate of Lucknow, opposite party 2, has passed separate orders of their detention under S.3(2) read with S.3(3) of the National Security Act (For short, the Act). All the four writ petitions raise common questions and, therefore, are disposed of by this common judgment.

(2.) The petitioners were arrested on 14-21986. The orders of their detention were passed separately on 20-2-1986 (Annexure-I) under S.3(2), read with S.3(3) of the National Security Act. The orders and their grounds (Annexure-II) were served upon each of the petitioners in jail on the same day (20-2-86).

(3.) The order of detention is based on one ground contained in Annexure-II, in each of the writ petitions. It is stated therein that in protest to the opening of the lock on the Ram Janma Bhumi at Faizabad, the muslims were wearing black badges and black flags and had kept their shops closed. At about 3-30 P.M. about 100 to 150 muslims at Sarkata Nala and 300 to 400 muslims at Bhola Nath Ka Kuan, both on Abdul Aziz Road, P.S. Saadatganj, Lucknow, assembled. The assembly at Sarkata Nala was addressed by the petitioners Ayaz Ahmad and Riaz Ahmad; that at Bhola Nath Ka Kuan was addressed by the petitioners Waheed and Fazal Ghosi. The basic features of the relevant portions of their speeches, set out in the ground, are the same, and may be translated as follows : -