SIRAJ AHMAD Vs. SUPERINTENDENT DIVISIONAL

JUDGEMENT

(1.) A. N. Gupta, J. The petitioner has challenged his order of detention, dated 20-4-1997 passed by District Magistrate, Mau under Section 3 (2) of the National Security Act, 1980.

(2.) THE detention order is based on several grounds; first ground is that on 9-5-1990 at about 7. 00 p. m. petitioner beat Sravan Kumar aged about 15 years son of Smt. Sripati Devi in Mohalla Ghora Dalai of Mau Town with kicks and fists. He also tried to strangulate him. However, on an alarm raised by Sravan Kumar, his elder brother and other witnesses reached there and relieved Sravan Kumar from the clutches of the petitioner and ran away after giving him threats. Smt. Sripati Devi got registered an F. I. R. being case crime No. 334/90 under Section 323/504/506, I. P. C. After investigation, charge-sheet was submitted and the case is pending in the Court in which the petitioner is on bail.

(3.) IN the forth ground, it was men tioned that on 24-3-1997 at about 10. 00 a. m. when Gyan Shyam Das Gupta and other persons of Hindu Community reached mohalla Mirza Hadipura Mosque in a Holi procession, at that lime near Mirza Hadipura Mosque, the petitioner and several other persons belonging to Muslim community were present therein pre-planned manner, armed with lathis and stones. On exhoration of the petitioner and other persons some people belonging to Muslim community started throwing stones at the Hindu Procession due to which procession was seriously dis turbed and Ghanshyam Das Gupta and several others belonging to Hindu com munity were injured. INjured Ghanshyam Das Gupta was taken by Santosh and Sravan at his house and when Sravan and Santush were coming back, several per sons belonging to Muslim community armed with Daggers, Knives and dandas surrounded Santosh and attacked him due to which he was seriously injured. On the report of Ghanshyam Das Gupta case crime No. 140-E/97 under Sections 147/148/149/323/324/504/153-A, I. P. C. was registered. Petitioner was arrested in the said offence and has been released on bail.