Hon’ble Vinod Prasad, J.—Kamlesh Pathak, the petitioner/detenu, has questioned the Constitutional validity of his detention order dated 28.1.2009 (Annexure 3), under National Security Act, 1980, (hereinafter referred to as the Act), passed by Detaining Authority, District Magistrate, Auraiya, respondent No. 1, wielding his power, under Section 3(3) of the Act.

2. Grounds for petitioner’s detention, based on the dossier supplied by the police authorities, as was served to him along with Annexure 3, in compliance with Section 8 of the Act, are that Manoj Kumar Gupta, Executive Engineer, Auraiya was murdered by Shekhar Tiwari, MLA and his socio criminises, regarding which a State wise closer strike was organized by the Samajwadi Party on 25.12.2008. To maintain law and order during that strike, at Tahsil crossing in Auraiya city, police picket headed by in-charge inspector was posted, when at 11.30 a.m., the petitioner accompanied by his brothers Santosh Pathak and Ramu Pathak along with hundred and fifty other persons started torning off banners and posters in Homganj market. When the local police endeavoured to forbade them from indulging into said lawless disorderly immoral