1973 (7) TMI 118 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the detention order under the Maintenance of Internal Security Act.
2. Nexus between the object of the detention order and the grounds of detention.
3. Legitimacy of the grounds for detention under the specific subsection of the Act.
4. Repetition of grounds in successive detention orders.
5. Fresh facts justifying a new detention order.

Detailed Analysis:

Issue 1: Validity of the detention order under the Maintenance of Internal Security Act
The petitioner challenged the detention order dated March 28, 1972, made under Section 3 of the Maintenance of Internal Security Act (MISA), 1971. Initially, the petitioner was arrested under the Official Secrets Act, 1923, and was remanded by the Magistrate on October 24, 1971. A prior detention order under MISA was made on November 19, 1971, but was not approved by the State Government, leading to the petitioner's release. A fresh detention order was issued on March 28, 1972, and approved on April 4, 1972. The petitioner argued that the State Government's failure to file a return entitled him to liberty under Rule 5 of Order XXXV of the Supreme Court Rules.

Issue 2: Nexus between the object of the detention order and the grounds of detention
The petitioner contended that there was no nexus between the object of the detention order and the grounds of detention. The grounds of detention included allegations of espionage activities, such as collecting military information and conveying it to Pakistani Intelligence Services. The petitioner argued that the grounds did not justify the detention under Section 3(1)(a)(ii) of the Act, which pertains to the security of the State or maintenance of public order.

Issue 3: Legitimacy of the grounds for detention under the specific subsection of the Act
The petitioner argued that the grounds of detention justified an order under Section 3(1)(a)(i) of the Act, which pertains to the defense of India, rather than Section 3(1)(a)(ii), under which the order was purportedly made. The Court examined whether the acts alleged against the petitioner justified an order to prevent him from acting in any manner prejudicial to the security of the State or the maintenance of public order.

Issue 4: Repetition of grounds in successive detention orders
The petitioner contended that the grounds for the impugned detention order were identical to those in the first detention order dated November 19, 1971, except for ground No. 7. The Court noted that the grounds in both orders were nearly identical, with minor differences in the enumeration of prejudicial acts. The Court examined whether these variations constituted "fresh facts" justifying the new detention order under Section 14(2) of the Act.

Issue 5: Fresh facts justifying a new detention order
The Court analyzed whether the petitioner's release on bail constituted fresh facts justifying the new detention order. The Court held that fresh facts must provide a nexus between the object of the detention order and the grounds of detention. The Court found that the release on bail did not constitute fresh facts, as it did not provide a new basis for the detention order. The Court referenced previous judgments, including Hadi Bandhu Das v. District Magistrate, Cuttack, and Masood Alam v. Union of India, to support its conclusion.

Conclusion:
The Court concluded that there were no fresh facts justifying the impugned detention order. The variations in the enumeration of prejudicial acts between the two orders did not constitute fresh facts. Consequently, the detention order was invalid, and the petitioner's detention could not be sustained. The Court directed the petitioner to be released forthwith.