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2001 Supreme(All) 534

M.KATJU, R.B.MISRA
INAMUL HAQ ENGINEER – Appellant
Versus
SUPERINTENDENT, DIVISION/district JAIL, AZAMGARH – Respondent


Advocates Appeared:
DAYA SHANKAR MISHRA

M. KATJU, J.


( 1 ) THIS writ petition has been filed against the impugned detention order dated 20-1-2001 Annexure 1 to the writ petition passed under the National Security Act.

( 2 ) WE have the learned counsel for the parties and have perused the affidavits.

( 3 ) THE petitioner has alleged that he is a businessman and is a member of the Samajvadi Party. It appears from a perusal of the grounds of detention (Annexure 2 to the petition) that on 5-11-2000 at about 7 p. m. the petitioner with his associates (who are Sunni Muslims ) attacked persons belonging to the Shia community with firearms and country made pistols and injured them. It alleged that on account of this incident people of the locality due to fear shutthe doors of their shops and public order was disturbed and an F. I. R. was registered in Case Crime No. 425 of 2000 under Section 147, 148/149/307/504/506, I. P. C. read with Section 5 Explosive Substances Act and Section 7 , Crl. Law Amendment Act.

( 4 ) IT is alleged that on 29-1-2001 when there was relaxation of the curfew the petitioner along with others armed with knives and spears attacked two persons belonging to Shia community and caused them serious injury whi














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