ASHUTOSH BHATT ALIAS TIPU Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Sri Abhishek Mani Tripathi for the petitioner; the learned A.G.A. for respondents 2, 3, 4 and 5; Sri Thakur Azad Singh for the Union of India; and have perused the record.

(2.) This habeas corpus petition has been filed by Ashutosh Bhatt alias Tipu, currently under detention at District Jail, Gorakhpur, questioning his detention under the National Security Act, 1980 (for short the Act, 1980) pursuant to the detention order dated 07.10.2018 passed by the District Magistrate, Gorakhpur in exercise of powers conferred upon him by Section 3(3) of the Act, 1980 read with Section 3(2) thereof. A prayer has also been made to set the petitioner at liberty.

(3.) A resume of essential facts would be apposite. While the petitioner was in jail in connection with case crime no.89 of 2018, P.S. Gorakhnath, District Gorakhpur, under sections 302, 396, 412 IPC and section 7 Criminal Law Amendment Act and section 30 of the Arms Act, he was served with detention order dated 7.10.2018 passed by the District Magistrate Gorakhpur. The grounds of detention referred to direct involvement of the petitioner in an incident dated 12.02.2018 relating to murder of a person by use of firearm during the course of a ceremony which gave rise to case crime no.89 of 2018 (supra). By alleging that the incident disturbed public order and that there was likelihood of the petitioner being released on bail, where after he would indulge in repeat of such activity that would disturb public order, with a view to prevent him from doing so, the order of detention was passed.