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2018 Supreme(All) 872

ALLAHABAD HIGH COURT
BEFORE : RAMESH SINHA AND KRISHNA PRATAP SINGH, JJ.
HAJI AKHLAKH ....Petitioner
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Habeas Corpus Writ Petition No. 55685 of 2017, decided on 30th March, 2018)

Advocates:
Counsel :
Ankit Agarval for the Petitioner; A.S.G.I., G.A. and Jitendra Prasad Mishra for the Respondents.

Headnote:National Security Act, 1980—Section 3(2)—(Indian) Penal Code, 1860—Sections 147, 148, 149, 188, 336 and 352—Cow Slaughter Act—Section 3/5A/8—Detention order—Petitioner has no previous antecedents goes to show that he was not habitual offender for committing offence under Cow Slaughter Act—Simply because incident which had taken place in early hours of morning and some persons of village had seen severed head of Cow and it’s remains lying near Sugar Cane Field and seen petitioner, his father and other accused persons, tension in area may have prevailed but said act of petitioner cannot be said to be detrimental to disturbance of public tranquility as there was neither any loss or damage to any property or any person received injury or there was loss of life of anyone and it can at most be law and order problem, hence detention order also vitiates on ground also—Detention order quashed. [Paras 17 and 18]

       Result; Petition Allowed.

       

JUDGMENT

Hon’ble Ramesh Sinha, J.—By means of this petition the petitioner has challenged the detention order dated 9.10.2017 passed by District Magistrate, Bulandshahr-respondent No. 3 which has been passed by him in exercise of his power under Section 3(3) of the National Security Act, 1990 (hereinafter referred to as the Act) by which the petitioner has been directed to be detained under Section 3(2) of the National Security Act, 1980.

2. The detention order was passed by respondent No. 3 on the report forwarded by respondent No. 6 i.e. to the respondent No. 4 i.e. Senior Superintendent of Police, Bulandshahr who made the recommendation to respondent No. 3 District Magistrate, Bulandshahar for detaining the petitioner under the Act vide his report dated 5.10.2017. On the basis of said report, the respondent No. 3 District Magistrate, Bulandshahar passed the impugned detention order against the petitioner on the ground which has been mentioned in the ground of detention which has been annexed as Annexure 6 to the present petition.

3. Against the detention order, the petitioner submitted his representation dated 20.10.2017 to the respondent Nos. 1, 2 and 3 through respondent No. 5 Superintendent District Jail, Bulandshahar for being forwarded to them. The State Government approved the detention order dated 9.10.2017 vide order dated 18.10.2017 in exercise of power under Section 3(4) of the Act. The said representation of the petitioner was rejected by the District Magistrate vide order dated 27.10.2017. The State Government also finally rejected the representation of the petitioner on 3.11.2017 which was communicated to the petitioner through the District Authorities by the State Government vide radiogram and letter dated 7.11.2017. The petitioner was also heard by the U.P. Advisory Board and the petitioner appeared before it on 13.11.2017 which found sufficient cause for detaining the petitioner. Thereafter once again the State Government examined afresh the entire case of the petitioner alongwith the opinion of the U.P. Advisory Board and took a decision to confirm the detention order and also for keeping the petitioner under detention for a period of three months provisionally from the date of actual detention of the petitioner i.e. since 9.10.2017.

4. From the grounds of detention it is apparent that the petitioner has been detained by respondent No. 3, on the basis of two cases which were registered against the petitioner as Case Crime No. 1418 of 2017 police station Kotwali Dehat, under Section 3/5A/8 of Cow Slaughter Act registered by one Suresh Village Pradhan of village Adauli district Bulandshahar and Case Crime No. 1421 of 2017, police station Kotwali Dehat, under Section 147, 148, 149, 188, 336, 352 IPC and 7 Crl. Law Amendment Act lodged by Sri Akhilesh Kumar, Station House Officer of the said police station. It is stated in the grounds of detention that on 28.8.2017 at 8 a.m. in village Adauli, near the pond of Nawab, the Sugar Cane field is situated where the head of cow was found on account of which the people of the area assembled and from their conversation, it transpired that one Dev Singh, Hukum Singh, Mahipal and Shekhar etc. had gone to attend the call of nature at 5.30 a.m. near the pond, then they saw the petitioner alongwith his father and other associates namely Hashim, Shaqil, Mursaleen, Amir and Akbar carrying some items in bag near the pond adjacent to the sugar cane field of Mujammil then it was found that the petitioner and his associates in the early hours of the morning have slaughtered the cow and the beef was being carried in the bag from the said place leaving behind the severed head of the cow and it’s remains near the pond. The news about slaughtering of the cow spread in the village like fire and the police on receiving the said information from the reporting chauki Nai Mandi and police station Kotwali Dehat, reached in the village at 8.15 a.m. and found the severed head of cow and it’s r





















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