Point of law: Merely on the ground that an accused in detention as an under trial prisoner was likely to get bail an order of detention under the National Security Act should not ordinarily be passed

JUDGMENT :

Ramesh Sinha, J.

1. At the outset, Sri Narendra Gupta, learned Counsel for the detenues/petitioners have submitted that applications for amendment, bearing C.M. Application No. 53220 of 2021 in re: Habeas Corpus No. 412 of 2021, C.M. Application No. 53294 of 2021 in re: Habeas Corpus No. 414 (H/C) of 2021 and C.M. Application No. 53175 of 2021 in re: Habeas Corpus Petition No. 416 of 2021, are pending.

2. On due considerations, we allow aforesaid amendment applications and permit the learned Counsel for the petitioners to make necessary amendment in the memo of the writ petition during the course of the day.

3. Questioning the legality and validity of the orders dated 14.08.2020 passed by the District Magistrate, Sitapur (respondent no.3), directing detention of Parvez, Irfan and Rahamtullah in exercise of its power under Section 3 (2) of the National Security Act, 1980 (hereinafter referred to as the 'Act, 1980'), which was subsequently confirmed by Uttar Pradesh Advisory Board under Section 11 of the Act, 1980 and on the basis of same, the orders for confirmation dated 05.10.2020 and 06.11.2020 have been passed by the Under Secretary, Home (Confidential) Department, Government of Uttar Pradesh (respondent no.2), petitioner/detenue Parvez has preferred Habeas Corpus Petition No. 412 of 2021, petitioner/detenue Irfan preferred Habeas Corpus Petition No. 414 of 2021 and petitioner/detenue Rahamtullah preferred Habeas Corpus Petition No. 416 of 2021, through his brother Imran.

4. In addition to the aforesaid, by means of the amendment, the detenues/petitioners is also seeking a writ of certiorari to quash the order dated 10.02.2021 passed by the respondent no.2-Under Secretary, Home (Confidential) Department, Government of Uttar Pradesh, by which the detention period of the detenues/petitioners has been extended for a period of nine months from the date of detention i.e. 14.08.2020.

5. Since the above-captioned Habeas Corpus petitions arise out of a common factual matrix and law, we are disposing them of by a common judgment.

6. Shorn off unnecessary details, the facts giving rise to the controversy involved in the above Habeas Corpus petitions are as under :

While Incharge Inspector Ranvir Singh along with Sub-Inspector Sri Tribhuwan Kumar Yadav, S.I. Ramesh Kumar Kannaujia, Head Constable Sanjay Pratap, Head Constable Satya Prakash, Constable Akhilesh Kumar, Constable Harendra Kumar, Constable Shyam Singh, Constable Dipak Shukla were on duty for maintaining law and order in the area as well as searching and checking the wanted persons/vehicles within the area of the police station Talgaon, district Sitapur on 12.07.2020 through Government Vehicle (Tata Sumo), bearing registration no. U.P. 34 G 0660 and in private vehicle, bearing registration no. U.P. 34 G 0505, and reached Emalia Chauraha via village Angrashi, an informer had told them that two butchers of the Vishwan, after slaughtering a cow elsewhere, have brought beef in the house of Rahmatullah in village Emalia and in the house, Rahmatullah and his brother as well as two butchers of the Vishwan have made small pieces of beef for selling and if quickness be made, then, they can be caught at home. On believing the aforesaid information of the informer, the police party raided the house of Rahmatullah and found that five persons were cutting the lump of the beef in small pieces by banka and as soon as the police party entered into the house, all persons started running away. However, two persons, namely, Irfan (petitioner of Habeas Corpus No. 414 of 2021) and Parvez (petitioner of Habeas Corpus No. 412 of 2021) were arrested on spot, who disclosed the name of Rahamtullah (petitioner of Habeas Corpus No. 416 of 2021) and two others, namely, Kurban and Rafi. Thereafter, beef was kept in a white bag and with the help of the aforesaid two accused persons, one banka, a piece of wood, one knife and one spear were seized and for testing the recovered beef, it was sent to Veter