The main legal point established in the judgment is the distinction between law and order issues and public order issues, as well as the importance of considering relevant material in detention orders.

( 1 ) HABEAS corpus writ petition at hand was filed by Israr Ahmad before this Court challenging his detention under Section 3 (3) of the National Security Act (hereinafter referred to as nsa) dated 10-1-2002.

( 2 ) THE brief facts of the case are that a F. I. R. came to be registered at P. S. Kotwali, District Muzaffarnagar, against the present petitioner vide Crime No. 1182 of 2001 under Sections 3/5/8 of the U. P. Prevention of Cow Slaughter Act. On an information received from the informer the godown of the petitioner was raided by the police of P. S. Kotwali at 4. 00 p. m. on 28-12-2001. On a search of the godown 10 quintals of meat belonging to the family of cow was recovered from there. Weighing machine having cows meat on one of its pangs was also found. The charge, therefore, was that he collected in large quantity cows meat for being transported to other States. On coming to know of this huge recovery in the region of P. S. Kotwali social disharmony and anger between different communities was spread. There was tension between different religious communities. Religious harmony between them was disrupted. Fear and terror gripped the area as a consequence of this recovery. Routine public life also came to be disrupted thereby public order of the area was adversely affected. The recovered cows meat and the equipment of weighing were all taken into custody by the police, for which a memo was also prepared. As earlier discussed a case was registered under Sections 3/5/8 of the Prevention of Cow Slaughter Act, which was still under investigation when the impugned detention order came into existence. This meat was collected for being sent to Kolkata. Sample meat was sent for chemical analysis to Veterinary Hospital, Muzaffarnagar. On its examination it was revealed that the meat so recovered from the possession of the petitioner belong to cows family.

( 3 ) IT is further alleged in ground No. 2 that knowledge of this report further increased the tension between different communities. Public anger of one section of the society was animated further. Public order came to be disrupted promptly. According to ground No. 3 this recovery has created a sensation in the public religious tension and anger became the order of the day. People were apprehensive and terror striken. The general public was afflicted by feeling of insecurity. The organisations who make use of such occasions became vigorously active. People of the area started feeling insecure in living in their houses. This disrupted their normal life and peace was also adversely affected. An exodus of the people from their abodes started. All these circumstances caused total infraction in maintenance of public order.

( 4 ) ON 7-1-2002 Head Constable 27 Tej Pal Singh while he was on Gast duty for maintenance of peace and order came to learn that in Mohalla Yogendrapuri members of different organisations collected together and they were espousing tension on account of this enormous recovery of cows meat. This Head Constable on his return got this report registered vide G. D. No. 51 at 10. 10 p. m. at P. S. Kotwali. On an enquiry it was found true. By this meeting of different organisations fear, tension and anger assumed serious proportion amongst communities, due to which maintenance of public order became difficult.

( 5 ) GROUND No. 4 suggests that the atmosphere was further polluted by the publication of this news in different newspapers. There grew a imminent possibility of any untoward incident which was likely to damage the public order effectively.

( 6 ) GROUND No. 5 suggests that the petitioner was frantically trying to be out on bail. In that direction he already made an application before the competent Court. There is every possibility that he will be enlarged on bail and after coming out on bail there is every likelihood that he will again indulge in similar nefarious activity causing disturbances in the cordiality, harmony amongst the people of di