JUDGMENT

SEN, J.:— By this petition under Article 32 of the Constitution, the petitioner Fitrat Raza Khan challenges the validity of his detention by the order of the District Magistrate, Moradabad, under sub-sec. (2) of S. 3 of the National Security Act, 1980 (for short the Act), on his being satisfied that the detention of the petitioner was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

2. The order of detention is based on two grounds, the first of which relates to an incident of August 13, 1980, relating to the communal riots that occurred in Moradabad City, and the second of July 24, 1981, when the petitioner is alleged to have incited Muslims to communal violence. The grounds of detention are as follows:

"(i) That on 13-8-1980 at about 1-30 p.m. you along with your other 700-800 Musalman companion rioters armed with bricks, lathis, iron rods, sabbal, bottles, etc., under the impulse of communal feelings at Bazar Ganj Neem Ki Piyao within the territorial limits of P.S. Kotwali Moradabad from the side of the Kacha Bagh attacked Hindus, resorted to brickbatting and have thrown bottles on them which caused hurt to