IMPORTANT POINT
A single incident may disturb the tranquility and even the tempo of life of the community.

JUDGMENT

M.M. Dutt, J. - In this writ petition under Article 32 of the Constitution of India the mother of the detenu, Shri Praveen Kumar Gupta, has prayed for the quashing of the detention order of her son dated May 6, 1989 passed under subsection (2) read with sub-section (3) of Section 3 of the National Security Act, 1980, as confirmed by the order dated May 11, 1989 of the State of U.P. on the report of the Advisory Board. There is also a prayer for issuance of an appropriate writ in the nature of habeas corpus directing the respondents to release the said Praveen Kumar Gupta forthwith.

2. The grounds of detention as communicated to the detenu by the District Magistrate, Meerut, are as follows:

"That on 30-4-1989 at about 9.15 p.m. at Delhi Road, Kesarganj, P.S. Delhi Gate, Meerut you along with your other accomplice with the common intention to kill Babli showing your wrath gave him a gun injury and also threatened to give gun shot to those persons who came in his rescue. On the basis of information given by Mohd Bhura a Crime Case No 121 was registered against you under Section 307 of the Indian Penal Code in P.S. Delhi Gate, Meerut, which is pending. By your above misdeed fear and terror was spread in the hearts of public in the markets, Mela Manchandi and in the city of Meerut. Thus you have committed an act which is prejudicial to the maintenance of public order. You are at present in jail and are trying to be released on bail and there is every possibility of releasing you on bail.

On the basis of above grounds and reasons I am satisfied that you are likely to indulge in the activities prejudicial to the public order and public life and with a view to prevent you from acting in any manner prejudicial to the public order and public life. It has become necessary to detain you."

3. It is apparent from the grounds of detention that a crime case was registered against him under Section 307 of the Indian Penal Code and he was arrested and detained in jail.

4. Along with the grounds of detention, a copy of the report of the Inspector-in-Charge, P.S. Delhi Gate, Meerut, was also supplied to the detenu in jail. The relevant portion of the report is extracted below:

"On 30-4-89 at busy road (Delhi Road) at about 21.12 p.m. he without any reasons gave a gun shot to one Babli S/o Sh. Bhura Rio Mohalla Purwa Hamidnagar who had come for reading Namaz, as a result of which he was seriously injured. At present he is in serious condition in the hospital. This site is the most sensitive area of the city for communal point of view. On receiving the information of the gun injury to Babli by the Muslim community on the pious occasion of Ramzan there spread great excitement. Thousands of people from community gathered. There was an apprehension of communal threat in the city and area. People closed their shops feeling threat of communal riots and the road became quiet due to fear and terror. Above all on receiving the news of this incident the people of famous Manchandi Mela started running to their houses. This news of fear and terror created due to this incident was also published in the newspaper Amar Ujala on 1-5-89. Sh. Bhura S/o Dilsad R/o 29, purwa Hamid Hussain got lodged one report in the Police Station Delhi Gate and a Crime Case No 121 of 89 under Section 307 of the Indian Penal Code is pending consideration. Sh. Praveen Kumar is in jail for commission of this offence.

Praveen Kumar has given application for bail in the above matter and there is every possibility of his release on bail. He is a man of strong means. After release on bail he would again commit such serious act which would be prejudicial to communal harmony and cause adverse reaction in general public especially in Muslim community.

Therefore the detention under National Security Act is recommended to above Praveen."

5. At this stage, it may be mentioned that the detenu has since been granted bail, but in view of the order of detention, he is not released. Mr. Lalit learned