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1972 (11) TMI 108 - SC - Indian Laws

Issues:
Challenge to the validity of detention under Maintenance of Internal Security Act, 1971 based on the relevancy of grounds of detention in maintaining public order.

Analysis:
The petitioner challenged the validity of his detention under an order passed by the District Magistrate under the Maintenance of Internal Security Act, 1971, contending that the grounds of detention provided to him were not relevant to the objectives for which preventive detention is permitted. The grounds of detention accused the petitioner of being involved in two incidents where individuals were killed, causing panic and terror in the locality. The State argued that recent court decisions justified the exercise of power under the Act. The court referred to previous cases to distinguish between acts affecting public order and those concerning specific individuals. It was highlighted that acts affecting public order go beyond specific individuals and impact the community's life tempo. The court emphasized that the mere presence of weapons like bombs does not necessarily indicate a threat to public order. The incidents involving the petitioner were deemed to pertain to specific individuals and, therefore, fell within the realm of law and order rather than public order. The court concluded that the acts attributed to the petitioner did not jeopardize public order, and therefore, the detention was deemed invalid.

In conclusion, the court allowed the petition and directed the release of the petitioner, stating that the grounds of detention did not meet the criteria for preventive detention under the Maintenance of Internal Security Act, 1971.

 

 

 

 

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