JUDGMENT :

Mahesh Chandra Tripathi, J.

1. Heard Mr. Malay Prasad alongwith Ms. Saloni Mathur and Ms. Tanya Makker, learned counsel for the petitioners; Sri Arvind Singh, learned counsel for the Union of India and Sri A.N. Mullah & Sri S.A. Murtaza, learned A.G.A. for the State respondents.

2. Present Habeas Corpus Writ Petition under Article 226 of the Constitution of India is preferred seeking following reliefs:-

“I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.03.2022 passed by respondent no.3 purportedly under Section 3 (2) of National Security Act, 1980 (Annexure No.1).

II. Issue a writ, order or direction in the nature of certiorari quashing the impugned Notification No.111/2/04/2022-C.X-6 Lucknow dated 07.04.2022 issued by respondent no.2 in exercise of the power under Section 3 (3) (4) of National Security Act, 1980 (Annexure No.2).

III. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.04.2022 passed by respondent no.3, by which the representation of the petitioners has been rejected (Annexure No.3).

IV. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.05.2022 passed by respondent No.5 (copy not provided to the petitioner).

V. Issue writ, order or direction in the nature of Habeas Corpus commanding and directing the respondents concerned to produce the petitioner no.1/detenue before this Hon'ble Court and set petitioner no.1 detenue at liberty forthwith, who is under illegal detention vide impugned detention order dated 31.03.2022 under Section 3 (2) of National Security Act, 1980 passed by respondent no.3.

VI. Issue a writ, order or direction to pay him compensation to be decided by this Hon'ble Court for his illegal detention.

VII. Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case.

VIII. Award the cost of the petition to the petitioners.”

3. It appears from the record that on 31.3.2022 the District Magistrate, Kanpur Nagar has passed an order of detention under Section 3 (2) of the National Security Act, 1980[NSA, 1980]. In passing the said detention order, the District Magistrate felt satisfied that since it was necessary to prevent the petitioner no.1 from acting in any manner prejudicial to the maintenance of public order, the passing of the order under NSA, 1980 was imperative. She based her satisfaction for invocation of proceedings under NSA, 1980 on the following grounds, which are reflected from the record:-

(1) A first information report was lodged on 20.06.2020 registered as Case Crime No.425 of 2020 under Sections 147, 148, 149, 302/34 IPC & Section 7 of Criminal Law Amendment Act at Police Station Chakeri, District Kanpur Nagar by the complainant Dharmendra Singh Sengar with allegation that three years' ago the petitioner no.1 Saud Akhtar and co-accused Mohd. Asim @ Pappu made firing upon his brother Pintu Sengar with an intention to kill him, wherein his brother Pintu Sengar escaped and in this regard, a case was pending in the Court. Due to said previous enmity, the accused-petitioner Saud Akhtar alongwith other co-accused hatched conspiracy and called his brother for compromise whereon on 20.06.2020 at about 1:00 p.m. the complainant alongwith his brother Pintu Sengar and driver Rupesh were going to meet them by Innova Car but in the way, the accused-petitioner and other coaccused with common intention to kill him, made indiscriminate firing upon his brother due to which he received grievous injuries and fell down. The complainant and the driver by hiding saved themselves. The complainant took his brother to the hospital where he was declared dead. In aforesaid Case Crime No.425 of 2020 after investigation the investigating officer submitted charge sheet dated 20.11.2020 against the petitioner under Sections 147, 148, 149, 302, 307, 34, 120B IPC & Section 7 of Criminal Law Amendment Act. It