9911796707
TMI Blog1969 (8) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... 's representation was not considered by the Government, (2) that the grounds furnished to the detenu mentioned offences under the Indian Penal Code and cannot be used for the purpose of detaining the detenu except in emergencies and (3) that the grounds do not have any relation to the maintenance of public order. Following are the facts as they emerge from the affidavits on record: The detenu was detained by an order No. 3846-D.D. (S) dated 13th November, 1968 passed by the Commissioner of Police, Calcutta in exercise of powers conferred on him by section 3(2) of the Act. The detenu was arrested on November 13, 1968 and was served with the grounds of detention both in English and in vernacular on the same day. On 15th November. 1968, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Police sent back the representation dated 13th January, 1969 to the Home Department. This Court on 28th March, 1969 issued a notice under Article 32 of the Constitution to the Commissioner of Police and to the State Government to show cause why rule nisi should not be issued made returnable three weeks hence. On receipt of this notice the State Government refrained from passing any order on the representation dated 13th January, 1969. The representation dated 16th January, 1969 is untraceable, but effort is being made to trace it. According to the Commissioner of Police it was on the same lines as the representation dated 13th January, 1969. It is necessary to. reproduce the grounds of detention served on the detenu and they are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Government against the detention order and that such representation should be addressed to the Assistant Secretary to the Government of West Bengal, Home Department, Special Section, Writers' Buildings, Calcutta and forwarded through the Superintendent of the Jail in which you are detained as early as possible. You are also informed that under section 10 of the Preventive Detention Act, 1950 (Act IV of 1950) the Advisory Board, shall, if you desire to be heard, hear you in person and that if you desire to be so heard by the Advisory Board you should intimate such desire in your representation to the State Government . Coming now to the first point raised by the learned counsel it seems to us that there has been no breach of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not relate merely to the maintenance of order. It is true, as laid down by this Court, that the contravention of any law always affects order but before it can be said to affect public order it must affect the community or the public at large. As Ramaswami, J., put it in Pushkar Mukherjee Ors. v. The State of West Bengal(1), in this connection we must draw a line of demarcation between serious and aggravated forms of disorder which directly affect the community or injure the public interest and the relatively minor breaches of peace of a purely local significance which primarily injure specific individuals and only in a secondary sense public interest. The question which arises is this: do the grounds reproduced above relate merely to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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