ABDUL WAHAB Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner challenges his detention under the provisions of National Security Act on various grounds amongst the main ground that the police have already registered offences against him under Sections 147, 148, 307, etc. of the Indian Penal Code and the Regular Criminal Case No. 138 of 1986 is pending in the court of the Judicial Magistrate, First Class, Vaijapur. It relates to Crime No. 93/1986. Obviously this matter, agitated before us in the writ petition, corresponds to the same matter that is under investigation by the Court at Vaijapur. THEre cannot be multiplicity of proceedings arising out of the same matter. We are informed that in that matter bail has been granted to the petitioner inspite of vehement opposition by the State. Mr. Jadhav tells us that the appeal against grant of bail to the petitioner in that case also has been rejected by this Court. We find that the present detention order is to circumvent the bail order granted in that case and such a detention order, on the short ground that it violates the order passed - first by the District Judge and secondly by the High Court-must be quashed. On merits also, we find no case made out against the petitioner.

(2.) IT is the allegation against the petitioner that he used to conduct secret meetings provocating Muslims against Hindus and creating communal hatred. There is no material produced on behalf of any of the authorities substantiating this allegation. The suspicion cannot take place of proof, much less in cases where personal liberty is jeopardised. What is written in the notice issued under Section 3 of the National Security Act is as under :