RAJIV YADAV Vs. SUPERINTENDENT DISTRICT JAIL AGRA

JUDGEMENT

(1.) THIS Habeas Cor pus Petition has been filed by the petitioner for quashing the order dated 4.6.2008 passed by the District Magistrate, Agra against him under section 3(2) of the Na tional Security Act and for his release from detention.

(2.) IT has been alleged in the petition that the petitioner is a peace loving and law abiding citizen and he has not been con victed in any case so far. On 23.3.2008 at about 8.55 P.M. a F.I.R. was lodged by Sri Sundar Singh Chauhan against him and other co-accused named Babloo, Satish Chaudhary, Rajendra Yadav and Hariya Chaudhary under sections 147,148,149 and 302 I.P.C. at police station Chhatta District Agra and on the basis of that report case crime No. 30/08 was registered against him. On the basis of this report, the District Mag istrate, Agra, the respondent No. 2, passed an order against him for his detention under section 3(2) of the National Security Act on 4.6.2008. The petitioner has challenged the validity of this order on several grounds in the present Habeas Corpus petition.

(3.) LEARNED Counsel for the petitioner first of all submitted before us that the District Magistrate, Agra, respondent No. 2 did not apply his mind before passing the impugned order and he simply signed the detention order in a mechanical manner. He further submitted that a perusal of the grounds of detention contained in the order dated 4.6.2008 (Annexure-2) shows that these grounds are in verbatim reproduction of the report of the Inspector of Police Sta tion Chhatta dated 7.5.2008 (Annexure-6).