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TMI Blog1956 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... tion were made, and the same were communicated to the petitioners on 31st January 1956. A copy of these grounds was sent to the State Government on 6th February 1956. The petitioners challenge the validity of the detention on two grounds. They contend firstly that the grounds for the order of detention which were furnished to them under section 7 of the Act are vague, and secondly that the requirements of section 3 (3) of the Act had not been complied with, in that those grounds had been sent to the State Government by the District Magistrate, not along with, his report on 28th January 1956, but on 6th February 1956, after the State Government had approved of the order. There is no substance whatsoever in the first contention. The communication sent to the petitioners runs as follows: During the monsoon season in the year 1955, you held secret meeting of Adivasis in Umbergaon, Dhanu, Palghar and Jawhar Talukas of Thana Distric't at which you incited and instigated them to have recourse to intimidation, violence and arson in order to prevent the labourers from outside villages hired by landlords from working for landlords. As a direct result of your incitement and instigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Hyderabad, (d) Collector in the State of Hyderabad may if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of sub- section (1) exercise powers conferred by the said sub- section. (3) When any order is made under this section by an officer mentioned in sub-section (2) he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order made after the commencement of the Preventive Detention (Second Amendment) Act, 1952, shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government. (4) Where any order is made or approved by the State Government under this section, the State Government shall, as soon as may be, report the fact to the Central Government together with the grounds on which the order has been made and such -other particulars as in the opinion of the State Government have bearing on the necessity for the order . Section 7 (1) Where a person is detained in pursuance of a detention order, the authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade could properly be described as grounds therefor. But it is contended by Mr. Chatterjee that the expression grounds on which the order has been made occurring in section 3(3) is, word for word, the same as in section 7, that the same expression occurring in the same statute must receive the same construction, that what section 3 requires is that on the making of an order for detention, the authority is to formulate the grounds for that order, and send the same to the State Government under section 3(3) and to the detenu under section 7, and that therefore it was not sufficient merely to send to the State Government a report of the materials on which the order was made. Reliance was placed on the following passage in Maxwell's Inter predation of Statutes, 10th Edition, page 522: it is, at all events, reasonable to presume that the same meaning is implied by the use of the same expression in every part of an Act . The rule of construction contended for by the petitioners is well-settled, but that is only one element in deciding what the true import of the enactment. is) to ascertain which it is necessary to have regard to the purpose behind the particular provision an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of its order to the State Government, so that the latter might satisfy itself whether detention should be approved. Section 7 requires the statement of grounds to be sent to the detenu, so that he might, make a representation against the order. The purpose of 'the two sections is so different that it cannot, be presumed that the expression the grounds on which the order has been made is used in section' 3(3) in the same sense 'Which it bears in section 7. That the legislature could not have contemplated that the grounds mentioned in section 3(3) should be, identical with those referred to in section 7 could also be seen from the fact that whereas under section 7(2) it is open to the authority not to disclose to the detenu facts if it considers that it would be against public interests so to do, it is these facts that will figure prominently in a report by the subordinate authority to the State Government under section 3(3),and form the basis for approval. If the grounds which are furnished under section 3(3) could contain matters which need not be communicated to the detenu under section 7, the expression grounds on which the order has been made cannot bear the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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