TAHSIN @ CHHOTA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) IMPUGNED herein is the order of detention dated 3.5.2009 passed by District Magistrate Saharanpur. The reliefs sought by means of this petition as are relevant may be excerpted below.

(2.) THE order of detention impugned herein in its prologue, recapitulates the events leading to initiation of action against the petitioner. The order of detention as a preface recites that the petitioner is a person involved in cow slaughtering along-with his accomplices and the activities of the petitioner are causing alarm and danger to the communal amity and harmony between the two communities i.e. Hindu and Muslims in and around the area. The grounds of detention, it would transpire from the record, are founded on F.I.R. lodged at case crime no. 64 of 2009 under section 3/5/8 of the Prevention of Cow Slaughters Act at P.S. Fatehpur District Saharanpur.

(3.) WE have heard learned counsel for the petitioner and also learned A.G.A at prolix length. Although various arguments were advanced across the bar, but the argument substantially raised is that the petitioner preferred representation dated 4.5.2009 addressed to Union of India, but the same has not yet been decided. We have searched the entire record, but no counter affidavit on behalf of Union of India has forthcoming on record. It is, however, argued on behalf of Union of India that representation dated 4.5.2009 was received on 9.5.2009 and the same was rejected after due deliberations on 19.6.2009. From a glance through the record, it would transpire that on 3.11.2009, 10 days and no more time was granted to the counsel appearing for Union of India to file counter affidavit but on 16.11.2009 when the case was taken up, no counter affidavit had been brought on record. The case was again adjourned to 18.11.2009 affording one more opportunity for filing counter affidavit but again on 18.11.2009, no counter affidavit was filed.