MAHBOOB Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Atul Kumar, learned Counsel for the petitioner, Sri Jitendra Prasad Mishra, learned Counsel for Union of India and Sri Patanjali Mishra, learned AGA appearing on behalf of the State- respondents. By means of present Habeas Corpus writ petition, following reliefs have been sought:

(2.) At the very outset, it has been mentioned that even though the petitioner has been named but no specific role has been assigned to him. Even though it has been mentioned that a mob of hundred people had gathered but nobody had received any single injury even an abrasion. There is no injury report whatsoever on record which may show that anybody had received injury. This fact has not been disputed by Shri Patanjali Mishra, learned AGA or Shri Jitendra Prasad Misrha, learned counsel appearing for the Union of India.

(3.) It has also been informed that in the said Case Crime No.0293 of 2018, the petitioner has been granted bail on 27.9.2018 by the Court of Sessions. It has been further informed that the petitioner has got no previous criminal history and he is not involved in any other criminal case. Shri Jitendra Prasad Mishra, learned counsel appearing for Union of India, at the very outset, has informed the Court that no allegation has been made against the Union of India even though a short counter affidavit has been filed on behalf of Union of India which has been duly perused by this Court. Learned counsel for the petitioner has drawn attention of this Court to the detention order dated 19.9.2018 which has been approved by the State Government on 1.11.2018 for a period of three months from the date of detention order. Learned counsel for the petitioner has contended that the detaining authority has not applied its mind while passing the detention order.