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 grounds of detention are as follows That on 13.8.1980 at about 1.30 PM you along with your other 700 800 Musalman companypanion rioters armed with bricks, lathis, iron rods, sabbal, bottles, etc.,
When Shri Jagdish Singh S.H.O. of P.S. Kotwali along with other force challenged you with a view to preventing you from acting in such manner you and your companypanions resorted to brick batting on police and under great police pressure you dispersed.
under the impulse of companymunal feelings at Bazar Ganj Neem Ki Piyao within the territorial limits of P.S. Kotwali Moradabad from the side of the Kacha Bagh attacked Hindus, resorted to brick batting and have thrown bottles on them which caused hurt to Hindus.
The representation was scrutinised in the Secretariat for three days between the 17th and the 19th, and the numberings on the file were made.
The petitioner made a representation dated August 8, 1981, through the Superintendent, Central Jail, Moradabad.
The District Magistrate forwarded the representation together with his companyments to the Home Secretary on August 13, 1981.
The order of detention is based on two grounds, the first of which relates to an incident of August 13, 1980, relating to the companymunal riots that occurred in Moradabad City, and the second of July 24, 1981, when the petitioner is alleged to have incited Muslims to companymunal violence.
P. Sen, J. By this petition under Article 32 of the Constitution, the petitioner Fitrat Raza Khan challenges the validity of his detention by the order of the District Magistrate, Moradabad, under Sub section 2 of Section 3 of the National Security Act, 1980 for short the Act , on his being satisfied that the detention of the petitioner was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
It companyld number be attended to on August 15, which was the Independence Day, and on the 16th, being a Sunday.
