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Allahabad High Court · body

1985 DIGILAW 363 (ALL)

Amarez Yadav v. Union of India

1985-03-28

B.N.KATJU, R.A.MISRA

body1985
JUDGMENT B.N. Katju, J. - This is a petition for the issue of a writ of habeas corpus. 2. The petitioner is detained In District Jell, Azamgarh under the order of the District Magistrate, Azamgarh dated 4.6.1984 passed under Section 3 (2) of the National Security Act, 1980. 3. In the order of detention it is mentioned, by the District Magistrate 'c that it was necessary to detain the petitioner under Section 3(2) of the Act with a view to prevent. him from acting in a manner prejudicial to the maintenance of public order, security of the State and maintenance of supplies and services essential to the community. In the grounds of detention furnished to the petitioner five grounds were mentioned and thereafter it was stated that the petitioner had moved an application for bail in this Court in case No. 57/84 under Section 147/ 148/149/307/504 I.P.C., P.S. Phoolpur Distt. Azamgarh, which is pending, and he is likely to be released. In the event of his being released on bail his activities would adversely affect the maintenance of public order, security of the State and maintenance of services essential to the community. The first ground related to the involvement of the petitioner in a case under Section 25 Arms Act. It was mentioned in the second ground that a case under Section 3 of the Goonda Act was registered against the petitioner. It was stated in the third ground that the petitioner along with his associates armed with pistols, guns and bombs raided the house of Lallan Yadav in Chakgani Alishah Sarsawan P.S. Saria Mir with the intention of killing his younger brother Rama Kant Yadav and in the exchange of fire between the petitioner and his associates and the inmates of the house of Lallan Yadav, one of the associates of the petitioner, namely, Hari Lal was killed. This incident created fear and terror in village Sarswan and nearby places. The fourth ground was regarding the involvement of the petitioner in a case under Section 147/323/504/506 I.P.C. P.S. Jaitpur. It was mentioned in the fifth ground that the petitioner was involved in a case under Section 147/148/149/307/504 I.P.C. P.S. Phoolpur. The five grounds of detention have no relation to the security of the State or the maintenance of supplies and services essential to the community. It was mentioned in the fifth ground that the petitioner was involved in a case under Section 147/148/149/307/504 I.P.C. P.S. Phoolpur. The five grounds of detention have no relation to the security of the State or the maintenance of supplies and services essential to the community. It thus appears that the order of detention and the grounds of detention have been signed by the Distt. Magistrate, Azamgarh mechanically in a casual manner without application of mind. The order of detention is thus illegal and deserves to be set aside. 4. This petition is accordingly allowed and the order of detention dated 4.6.1984 passed by the District Magistrate, Azamgarh under Section 3(2) of the Act is set aside. The petitioner is directed to be released forthwith unless wanted in connection with any other matter.