9911796707
TMI Blog1987 (6) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... Shakil Ahmed for the Appellants in Crl. A. Nos.374A and411 of 1986, Advs For the Respondents : A.D. Singh, Rachan Joshi and Dalveer Bhandari, Advs. JUDGMENT 1. The petitioners Fazal Ghosi and Wahid in the two writ petitions before us and the appellants Ayaz Ahmad and Riaz Ahmad in the two Criminal Appeals are aggrieved by the orders of detention made respectively in respect of them u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds raised in this Court against their detention orders are identical. 2. It appears that consequent upon the opening of the Ram Janam Bhumi temple at Ayodhya, Faizabad, there was considerable agitation among the Muslim community. According to the State Government, several members of the community were returning from the mosque after their afternoon prayers, and at Bholanath Ka Kuan, Abdul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and while the bail applications were pending the District Magistrate, Lucknow, purporting to act under Sub-section (3) of Section 3 of the National Security Act, served a detention order on February 20, 1986 on each of the four detenus. This was followed on February 21, 1986 by service of the grounds of detention. 3. learned Counsel for the detenus challenges the detention orders on several g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy committed. Section 3 of the Act clearly indicates that the power to detain there under can be exercised only with a view to preventing a person from acting in a manner which may prejudice any of the considerations set forth in the section. In the present case, we are unable to discover any material to show that the detenus would act in the future to the prejudice of the maintenance of public or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the existence of any relevant material at all. 4. In the circumstances, the detention orders in respect of the four detenus must be quashed. 5. The writ petitions and the appeals are allowed, the order of detention in respect of each detenu is quashed, and the detenus are entitled to be set at liberty unless their detention is required in connection with other cases. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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