Preventive detention under the National Security Act requires subjective satisfaction of the authorities that the detenue is likely to disturb public order based on gathered evidence and present conduct.

JUDGMENT :

(Narendra Kumar Johari, J.)

1. This writ petition has been filed by the petitioner with the following main prayers :-

"(i) issue a writ, order or direction in the nature of Certiorari, quashing the impugned detention order dated 24.09.2022 passed by the District Magistrate, Hardoi, contained in Annexure number 1 to this writ petition.

(ii) issue a writ, order or direction in the nature of Habeas Corpus, directing and commanding the opposite parties to forthwith release the petitioner.

(iii) quash the entire consequential proceedings."

2. The facts of the case are that on 10.08.2022 at around 6.00 P.M. when the informant Smt. Siddeswari Devi and her daughter Rajni were present in her house, the accused persons Maroof, Jubair, Arif, Shamshad, Munna, S/o Sabban Fauji along with other persons of muslim community entered into the house of informant and started molesting her daughter. When the informant opposed, the accused Munna fired on chest of informant. Fortunately, due to missing of cartridge, it could not be fired. The accused Munna inquired about the whereabouts of her son Nanhe as he was leading the tricolor flag yatra on the occasion of their festival (Muharram). The accused persons gave threat that they will kill her son. When the informant raised her voice for help the neighbours reached on the spot to rescue them. At that time the accused persons started firing shots. On intervention of the neighbours, the accused persons returned back by extending threat.

3. The F.I.R. of the occurrence was lodged at Police Station Pali, District Hardoi at 6.53 P.M. on the same day vide Case Crime No. 305/2022, under Section 452 , 354, 307, 506 I.P.C. It has also been mentioned that Section 7 /8 of the POCSO Act had also been added in the case. Subsequently the son of informant Nanhe lodged another F.I.R. on the same day at 7.47 P.M. in the same police station with the allegation that at 7.00 P.M. the accused persons Rijwan, Sainiyaz, Rahmat Ali @ Monu and Riyasat and other approximately 200 unknown persons came to the house of the informant Nanhe with the common intention to kill the informant. They started stone pelting and abusing. The accused Rizwan and some other persons opened fire but the family members of the informant somehow saved their lives. It has also been alleged that one day prior, the informant had received life threat near Imam Chowk Imambara. Accordingly the F.I.R. was registered in the same police station at 7.47 P.M. vide Crime No. 306/2022 under