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2006 Supreme(All) 2083

M.C.JAIN, K.K.MISRA
SUJEET KUMAR SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
A.B.L. Gaur and Ram Gopal Tripathi for the Petitioner; A.K. Nigam, Addl. S.G. of India, H.C. Pathak, Arvind Tripathi, A.G.A., for the Respondents.

JUDGMENT

Hon’ble K.K. Misra, J.—By the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned detention order dated 3.12.05 passed by the District Magistrate, Mau under Section 3(2) of the National Security Act.

2. In the grounds of detention, Annexure-1 to the supplementary-affidavit, it is stated that the petitioner was District President of Hindu Yuva Vahini and was habitually involved in flaring and spreading communal riots. On 14.10.2005 at about 8 p.m. the petitioner alongwith hundreds of supporters, some of whom were habitual criminals, shouted slogans ‘Jai Sri Ram and gave speech impregnant of inciting communal frenzy. The supporters of the petitioner looted houses of many Muslims and ablazed shops and houses. The members of police force deployed in the area were very few and the number of rioters was much higher. The situation became out of control. People ran hither and thither. When a large contingent of police force from adjoining district was called for and deployed, then only the situation could be controlled. The riot spread in the area and the situation became alarming. The public order of the district was











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