TAJ AND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Habeas Corpus Petition No. 5940 of 1996 filed by Taj and Habeas Corpus Petition No. 5942 of 1996 filed by Masrror Alam are being disposed of by a common order as the grounds of detention of the two petitioners are substantially the same and same arguments have been advanced on their behalf.

(2.) The District Magistrate, Moradabad passed an order on 15-9-95 under Section 3(2) of National Security Act (hereinafter referred to as the Act) for detaining the petitioner-Taj with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. An identical order was passed with respect to petitioner-Masroor Alam on 19-8-1995.

(3.) The detention order and also the grounds of detention were served upon petitioner-Taj on the same day i.e. on 15-9-1995 in jail as he was in judicial custody in respect of Case Crime No. 188/95 under Sections 307/452. IPC of P.S.Mughalpura in pursuance of an order of remand passed by a Magistrate on 15-7-95. The grounds of detention are as follows;