JAFAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. Sanjay Kumar, learned counsel for the petitioner, Mr. J.K. Sisodia, learned AGA for the State, Mr.N.B. Singh, learned counsel for the Union of India and perused the record.

(2.) IN this Habeas Corpus Writ Petition filed under Article 226 of the Constitution of INdia the petitioner Jafar Hussain has challenged the validity of the detention order dated 19-5-2008 passed by the District Magistrate, Bijnor, in exercise of the powers under Sec tion 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act). This de tention order was passed on a solitary inci dent giving rise to Crime No. 90 of 2008, u/Ss. 489B and 489C I.P.C., Police Station Nahtaur, District Bijnor.

(3.) LEARNED counsel for the petitioner chal lenged the detention order on the ground that there was no cogent material before the de taining authority on the basis of which he could reach the requisite satisfaction that the petitioner could repeat the alleged prejudicial activity in future. According to him, the soli tary act complained of against the petitioner was not sufficient to indicate in absence of any other cogent material that there was a like lihood of the petitioner repeating the same in cident in future.