RAFEEQ ALIAS MANTEX Vs. UNION OF INDIA

JUDGEMENT

(1.) Habeas Corpus Petition No. 36969 of 1998 has been filed by Rafeeq alias Mantex and Habeas Corpus Petition No. 35426 of 1998 has been filed by Rashid alias Kalwa. Both the detenus have been detained by order passed under Section 3 (3) of the National Security Act of 1980 (hereinafter called the Act). The order of detention has been passed by District Magistrate, Jyotiba Phule Nagar who is respondent No. 3. As the grounds of detention and the grounds on which the detention has been challenged are similar in both the cases, they are being disposed of by a common judgment.

(2.) We have heard Sri N. I. Jafri and Sri M. Islam on behalf of the petitioners and Sri Mahendra Pratap A.G.A. for the respondents and have gone through the record.

(3.) The ground of detention furnished to the detenus is Annexure-3 from which it appears that on 11/06/1998 the Nikah of Km. Salma was to take place at about 4 P.M. with one Haneef. Co-accused Infaq alias Kaddi had proposed to marry Km. Salma, but Km. Salma refused to marry Infaq. On 10/06/1998 at about 6 P.M. Infaq and his friends tried to pressurise Km. Salma but she again refused and, therefore, Infaq and his companion went away after holding out threats to Km. Salma.