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TMI Blog1951 (2) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... cted with each other, except that they raise the same grounds. In petition No. 149 of 1950, Ujagar Singh was originally arrested and detained under the East punjab Public Safety Act on 29th September, 1948.He was released on 28th March, 1949, but on the same date, there was an internment order against him. On 29th September, 1949, he was rearrested. On 2nd March, 1950, an order of detention under the Preventive Detention Act, 1950, was served on him, and on 3rd April, 1950, he was served with the grounds of detention dated 11th March, 1950. Both in September, 1949, and in March, 1950, the ground alleged was ' 'You tried to create public disor- der amongst tenants in Una Tehsil by circulating and dis- tributing objectionable liter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention was made mechanical- ly and was really mala fide in the sense that there is nothing to show that were was any fresh satisfaction on the part of the detaining authority that detention was necessary in the interests of public order. Secondly, the grounds were not given as soon as may be , which is required under section 7 of the Act; and as an unusually long period of time elapsed between the order of detention and the giving of the grounds, the detention must be held to be unlawful after the lapse of a reasonable time. Thirdly, the grounds given originally were so vague that they could not be said to be grounds at all such as would enable the detenu to make any representation against the order. Fourthly, supplemen- tary grounds co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4). Therefore, detention for more than three months can be justified either on the ground of an opinion of the Advisory Board sanctioning or warrant- ing longer detention or on the ground that the detention is to secure the due maintenance of public order, in which case it cannot exceed one year in any event, as stated. in sec- tion 12 of the Preventive Detention Act. It is thus clear that the period is not to exceed three months generally, but may go up to one year in certain special cases. In view of these provisions, the non-specification of any definite period in the detention order is not a material omission rend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is largely from prior events showing the tendencies or inclinations of the man that an inference could be drawn whether he is likely even in the future to act in a manner prejudicial to the maintenance of public order. If the authority satisfied himself that the original ground was still available and that there was need for detention on its basis, no mala fides can be attributed to the authority from this fact alone. The Act does not fix the time within which the grounds should be furnished to the person detained. It merely states that the communication must be as soon as may be . This means reasonable despatch and what is reasona- ble must depend on the facts of each case. No arbitrary time limit can be set down. The delays in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion Act and article 22, sub-clauses (5) and (6)of the Constitution of India. came up for elaborate consideration. The said cases were decided on 25th January, 1951, and we are now governed by the principles laid down in these judg- ments. It was held by a majority of the Judges in Case No. 22 of 1950 (1) State of Bombay v. Atmaram Sridhar Vaidya [1951] S.C.R. 167. (a) that mere vagueness of grounds standing by itself and without leading to an inference of mala fides or lack of good faith is not a justiciable issue in a court of law for the necessity of making' the order, inasmuch as the ground or grounds on which the order of detention was made is a matter for the subjective satisfaction of the Government or of the detaining author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lera Dam in October 1947 .... You instigated labourers working in Nangal in 1948 to go on strike to secure the acceptance of their demands After release you absconded yourself from your village and remained untraced for a considerable period .... When you were re-arrested on 29-9-1949, lot of objectionable communist literature was recovered from your personal search --are instances of new grounds, and they have to be eliminated therefore from consideration. In Jagjit Singh's petition No. 167 of 1950, the supplemental grounds, which are as many as ten in number, are dated 31-7-1950, but they were served on him on 5-8-1950, that is two days after he had prepared his petition to this court under article 32 of the Constitution. The gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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