Result : on account of unexplained delay of four days on the part of Union of India, the continuation of the preventive detention sands vitiated

JUDGMENT :

Saroj Yadav, J.

1. The instant Habeas Corpus petition has been filed under Article 226 of the Constitution of India by the detenue/petitioner Sonu @ Mohd. Ishtiyaq through his next friend/mother Shameem Bano to quash the impugned detention order passed by the respondent No.3 i.e. District Magistrate, Barabanki vide No.01/J.A./Ra.Su.Ka./2021 dated 11.04.2021, whereby the detention order has been passed exercising the power under Section 3(2) of the National Security Act, 1980 (in short 'NS Act') and directing to retain the petitioner/detenue under Section 3(2) of the NS Act as well as the impugned order dated 22.04.2021 passed by the respondent No.2, whereby the detention order has been approved by the State Government.

2. The pre-judicial activities of the petitioner/detenue necessitating the District Magistrate, Barabanki to pass the impugned detention order against him are detailed in grounds of detention. The facts relating to detention of the petitioner/detenue has been described in the 'grounds of detention' followed by detention order dated 11.04.2021 in short are as under:-

One Mr. Mahendra Singh, Sub Inspector, Police Station Ram Sanehi Ghat, District Barabanki has lodged a First Information Report against 22 named persons including the petitioner and about 150 unknown persons on 20.03.2021 at about 8:00 P.M. which was registered at Case Crime No.89 of 2021, under Sections 147, 148, 149, 323, 504, 506, 307, 332, 333, 336, 352, 427, 34 & 188 of the Indian Penal Code (in short I.P.C.) and Section 7 of Criminal Law Amendment Act and Case Crime No.90 of 2011, under Section 3/25 of Arms Act, both are relating to Police Station Ram Sanehi Ghat, District Barabanki.

3. In the First Information Report it was alleged that on 19.03.2021 the complainant alongwith other police personnel were present at the gate of Tehsil Ram Sanehi Ghat to maintain law and order, the accused persons armed with deadly weapons and making protest against the policies of State Government and removal of illegal encroachment made in Tehsil compound tried to forcibly enter in Tehsil compound. When the police personnel tried to restrain them, they became aggressive and attacked upon the police personnel by lathi, danda, bricks, stones and sharp edged weapons. The accused persons assaulted the police personnel with an intention to commit their murder, hurled abuses and ripped their uniforms. They also caused damages to the vehicles. The extra police force was called only then the riot could be controlled. It has also been alleged that the police personnel caught hold 22 persons including the petitioner at the spot by using necessary force. From the possession of petitioner/detenue, a country made pistol of 12 bore and 2 live cartridges were recovered.

4. The impugned detention order dated 11.04.2021 depicts that the detention order was passed to maintain public order and public peace. In the grounds of detention it has also been mentioned that the in-charge Inspector of Ram Sanehi Ghat reported that in Tehsil Ram Sanehi Ghat some people were living after constructing the illegal houses on the Government land, whereas on the above Government land bearing Gata No. 776 and 777, which are adjacent to offices and official residences of Deputy Collector Ram Sanehi Ghat and Circle Officer were there. The persons who are living illegally in an unauthorized manner, have also constructed a passage unauthorizedly, which was being used by the persons of doubtfull category, causing danger to the Government records and other properties and also that the Government work was also being disturbed. It was also found that on the Government land some rooms were constructed unauthorizedly and they were used for "Offering Namaz". Tehsildar Ram Sanehi Ghat issued a notice in this regard, but no reply was received from the unauthorized occupants. Thereafter the Tehsildar Administration got constructed the wall and closed the unauthorized passage, but kept both the legal passa