High Court of Judicature at Allahabad
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Ram Bahadur v. State Of U.P. Thru' Secretary Home Deptt. Of U.P. Shasan - HABEAS CORPUS WRIT PETITION No. 2973 of 2007  RD-AH 8177 (1 May 2007)
Court No. 36
Habeas Corpus Writ Petition no. 2973 of 2007
Ram Bahadur . . . .. . . . . . . . . . . . . . . . . . . . . . . .Petitioner.
State of U.P. and others . . . . . . . . . . . . . . . . . . . . Respondents. ----
Hon'ble Yatindra Singh,J.
Hon'ble R.K. Rastogi,J.
An incident of firing took place on 14.8.2006 inside a Bus at Farrukhabad. In this incident one person died and one person along with two other children was injured as a result of firing allegedly done by the petitioner. Thereafter District Magistrate, Farrukhabad passed detention order on 3.10.2006 against the petitioner under the National Security Act. The present petition has been filed to challenge that order.
We have heard learned counsel for the petitioner and the learned A.G.A. for the respondents.
The incident in question took place inside a Bus and it amounts to disturbance of public order. The detention order passed on this ground cannot be deemed to be vitiated. The District Magistrate has also recorded a finding that there is a likelihood that in case the petitioner is granted bail, he will indulge himself in similar activities. Considering this aspect of the case, there is no illegality in the detention order.
The learned counsel for the petitioner submits that representation of the petitioner has not been decided by the Central Government. Counter affidavits have been filed by the Central Government as well as the District Magistrate and the State of U.P. wherein it has been stated that no representation had been filed by the petitioner before the Central Government and the representation meant for the Advisory Board has been rejected on merits after consideration of the entire facts and circumstances. There is no illegality in that rejection order also.
The writ petition has, thus, no merit and it is dismissed.
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