The detention under the National Security Act was justified based on the potential impact of the petitioner's activities on public order and communal harmony.

Vinod Prasad, V.K. DIXIT, J.

Petitioner detenu Aashu son of Iqram, resident of Mohalla Quraishiyan, Town Baghra, P.S. Titavi, district Muzaffar Nagar has been detained by District Magistrate, Muzaffar Nagar under the National Security Act, 1980 (hereinafter referred to as the 'Act') vide his order dated 17.10.2008 wielding his power under Section 3(3) of the said Act vide Annexure No.1, which detention order has been questioned by the detenu petitioner through the instant Habeas Corpus Petition with the prayer that the same be quashed and he be set at liberty.

2. The grounds on which the petitioner has been detained, as was supplied to him under Section 8 of the Act and contained in Annexure No.2, indicates that, on 29.9.2008 police station Titavi was informed on telephone that the petitioner along with Jishan and Sadab are slaughtering cows in village Baghra and thereafter will transport the beef to be sold in an open market. Ravindra Pal Singh Sengar, S.O., P.S. Titavi along with S.I. Gyanendra Singh and other police personnels rushed for village Baghra on the said information making a vain attempt to join independent persons from the way. After reaching detenu's house at 11.40 a.m. the said S.O. and other police personnels found that a Cello Car No. UP-15 G 8526 was parked in front of his house and inside the house, the petitioner along with his brothers Jishan and Sadab were chopping off beef and were loading it in the said car. Looking to the police personnels the petitioner and his two sibling associates escaped from the roof, albeit, they were fully identified by the raiding party.

From the parked Cello Car 150 K.g. of beef, 30 K.g. of cow fat were recovered. From the open space inside the house (Aagan) 150 K.g. of beef, a wood log, two small choppers and two butcher knives were recovered. Near by the car an Eterno scooter UP-14-W 7034, was also parked. The chopped off beefs and other choppers were taken possession by the raiding party, which were sealed at the spot after preparation of the recovery memo.

3. Information of day light cow slaughtering conglomerated protesters belonging to Vishwa Hindu Parishad and Bajrang Dal and other Hindu organisations at the spot and blockaded Highway from Muzaffarnagar to Shamli resulting in total disruption of transport and traffic for four hours. Because of the activity of the detenu petitioner, religious and sentimental feelings of Hindu community were hurt and public order was clouded with communal tension which had griped the locality. The incident of cow slaughtering was prominently reported in News Papers on 30.9.2008 which information was also conveyed by S.O. Titavi to his superior officers on mobile phones. Additional police force from village Charthawal and Rapid Action Force were deployed in the locality in village Baghra for maintaining public order.

Above crime committed by the petitioner and his associates resulted in lodging of FIR by Ravindra Pal Singh Sengar, S.O. Titavi at his police station vide Crime No.712/08 for offences under Sections 3/5/8 of Prevention of Cow Slaughter's Act against the petitioner and his associates. Seized and recovered articles were also deposited at the police station. Recovered flesh was sent for testing to veterinary doctor, whose report confirmed of it being beefs.

4. Investigation of the crime was enturested to S.I. Radhyashyam, who conducted the spot inspection, prepared spot inspection notes, recorded the statements of informant and other police personnels which broughtforth that the activity of the petitioner had the reach and potentiality of disturbing even tempo of public life and had destroyed peace and tranquillity of society.

5. On 4.10.2008, Dharm Veer Singh, HCP while on beat duty also reported that on 29.9.2008 the petitioners were slaughtering the cows and were putting beefs in a cello car but on arrival by the police they made their escape good and therefore if released from jail, they will again indulge in cow