The petitioner Ziyaul Hasan son of Sri Shafiurrahman resident of Mohalla Shahi Katra, Police Station Kotwali Mau, District Mau is detained under Section 3 (2) of the National Security Act, 1980 vide detention order dated 3-12-2005 passed by the Sri Mukesh Meshram, District Magistrate, Mau. By way of this habeas corpus writ petition he has challenged the validity of the detention order and has made a prayer to quash the same.

2. The grounds of detention, as disclosed in Annexure-2 to the Writ Petition, are that on 14-8-2005 at 8. 00 a. m. at Mohalla Allauddin, Police Station Kotwali, District Mau the petitioner Ziyaul Hasan alongwith his sons assembled hundred Muslim youths and shouted the slogan "allah Ho Akbar", delivered inflammatory speeches and thereby excited and incited the people to loot and put up on fire to the houses and shops, as a consequence the articles of Mohan Shah and Nand Lal Sahani were looted and the shops were set at fire including the house of Mehraj Agarwal. Consequently, the public order was badly effected and communal riots prevailed; that the situation became out of control. The situation was controlled only when the P. A. C. , R. A. F. an