TaxTMI 
TaxTMI 
1981 (12) TMI 183
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....him from acting in any manner prejudicial to the maintenance of public order. 2. The order of detention is based on two grounds, the first of which relates to an incident of August 13, 1980, relating to the communal riots that occurred in Moradabad City, and the second of July 24, 1981, when the petitioner is alleged to have incited Muslims to communal violence. The grounds of detention are as follows: (i) That on 13.8.1980 at about 1.30 PM you along with your other 700-800 Musalman companion rioters armed with bricks, lathis, iron rods, sabbal, bottles, etc., under the impulse of communal feelings at Bazar Ganj Neem Ki Piyao within the territorial limits of P.S. Kotwali Moradabad from the side of the Kacha Bagh att....
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....that it may not come to the knowledge of the police and some young Muslims also be prepared so that bold confrontation may be staged. Your companions supported all of your proposals and promised to collect the money sooner to purchase the arms. When S.I. Shri Vidya Ratan and other policemen of Police Station Kotwali tried to prevent you from acting in a manner prejudicial to maintenance of public order and attempted to arrest, then you, with the intent to kill policemen fired on them with a pistol taken out from under the belt of your pants and they narrowly escaped. You were caught on the spot. On your personal search a 12 bore country made pistol along with an empty cartridge and 2 live 12 bore cartridges were secured from your possession....
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....ate or sufficient for the satisfaction of the detaining authority. On the contrary, the grounds set out with sufficient degree of particularity all the basic and necessary facts on which the satisfaction of the detaining authority was based, or, far that matter, for the making of an effective representation. It is true that the order of detention is based on two grounds which relate to two incidents, one of August 13, 1980, and the other of July 24, 1981, i.e., the second incident was after a lapse of about a year, but both the incidents show the propensities of the petitioner to instigate the members of the Muslim community to communal violence. The unfortunate communal riots which took place in Moradabad City led to widespread carnage and....
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....erely to law and order. 5. As to the second contention, we are satisfied that there was no unexplained delay on the part of the State Government to consider the representation made by the petitioner. The petitioner made a representation dated August 8, 1981, through the Superintendent, Central Jail, Moradabad. It was actually handed over to the Superintendent, Central Jail, on August 10, 1981, and he, on the same day, sent it to the District Magistrate. The District Magistrate forwarded the representation together with his comments to the Home Secretary on August 13, 1981. The representation was received in the Home Department the next day. It could not be attended to on August 15, which was the Independence Day, and on the 16th, being a....