High Courts

Aleem vs State of U.P.& Ors.

Allahabad High Court · Decided on 9 April 2002 · Citation: (2002) 04 AHC CK 0111

HON’BLE JUDGES
M.Katju, J and Rakesh Tiwari, J
ACTS & SECTIONS REFERRED
National Security Act, 1980 — Section 3(2)
RESULT
Allowed
CASE NUMBER
Habeas Corpus Writ Petition No. 39492 of 2001

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Judgment

5 paragraphs · 153 words
1.

Heard the learned Counsel for the parties.

2.

The petitioner has challenged the detention order dated 2492001 passed under Section 3(2) of the N.S.A., copy of which has been filed as Annexure1 to the writ petition. A perusal of the grounds of detention shows that on 2582001 at about 255 p.m. the petitioner and his two associates attacked one Jisan and others.

3.

Petitioner''s associates Faim and Atuallah fired gunshots due to which Jisan died on the spot.

4.

In our opinion this is only a case of law and order and not public order as held by the Hon''ble Supreme Court in the case of ''T. Devaki v. Government of Tamil Nadu and others, 1990 SCC (Cri.) 348''.

5.

Following the decision of the Hon''ble Supreme Court, the writ petition is allowed. The respondents are directed to release the petitioner forthwith unless wanted in any other criminal or preventive detention case.