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TMI Blog1982 (5) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... th the aforesaid order of detention passed a day earlier i.e. on August 14, 1981. Two days later i.e. on August 14, 1981 he was furnished with the grounds of detention as well as with copies of documents and statements relied upon in the grounds of detention. It seems that the Commissioner of Police forthwith made a report to the Administrator about the passing of the detention order together with the grounds of detention and all other particulars bearing on the same. The said report and the other particulars were considered by the Administrator and he, by his order dated August 20, 1981, approved of the detention order under sub-s. (4) and sent a report to the Central Government as required under sub-s. (5) of s. 3 of the Act. The Administrator by his order dated August 20, 1981 informed the petitioner that his order of detention had been approved by him and that he had a right to make a representation. The case of the petitioner was placed before the Advisory Board who was of the opinion that there was sufficient cause for the detention of the petitioner and accordingly the Administrator by his order dated September 15, 1981 confirmed the aforesaid detention order under sub-s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be , communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. Sub-s. (1) of s. 8 of the Act which is in conformity with Art. 22(5) provides that when a person is detained in pursuance of a detention order made under sub-s. (1) or sub-s. (2) of s. 3 of the Act, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made. Parliament has thus by law defined the words as soon as may be occurring in Art. 22(5) as meaning normally a period of five days. The matter is no longer res integra. Chandrachud, C.J. in A.K. Roy v. Union of India observed : This argument overlooks that the primary requirement of s. 8(1) is that the authority making the order of detention shall communicate the grounds of detention to the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rachud, C.J. in A.K. Roys case, supra : We should have thought that it would have been wrong to fix a minimum period of detention, regardless of the nature and seriousness of the grounds of detention. The fact that a person can be detained for the maximum period of 12 months does not place upon the detaining authority the obligation to direct that he shall be detained for the maximum period. The detaining authority can always exercise its discretion regarding the length of the period of detention. The majority decision in A.K. Roys case, supra, as pronounced by Chandrachud, C.J. is not an authority for the proposition that there is a duty cast on the detaining authority while making an order of detention under sub-s. (1) or (2) to specify the period of detention. The learned Chief Justice made the aforesaid observations while repelling the contention advanced by learned counsel for the petitioner that s. 13 of the Act was violative of the fundamental right guaranteed under Art. 21 read with Art. 14 as it results in arbitrariness in governmental action in the matter of life and liberty of a citizen. The challenge to the validity of s. 13 of the Act was that it provides fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onths as laid down in s. 13 of the Act. The most crucial question on which the decision must turn is whether the activities of the detenu fall within the domain of 'public order' or 'law and order'. The contention is that the grounds of detention served on the detenu are not connected with 'maintenance of 'public order' but they relate to 'maintenance of law and order' and therefore the impugned order of detention purported to have been passed by the detaining authority in exercise of his powers under sub- s. (2) of s. 3 of the Act is liable to be struck down. It is urged that the facts alleged in the grounds of detention tend to show that he is engaged in criminal activities and it is an apparent nullification of the judicial process if, in every case where there is a failure of the prosecution to proceed with a trial or where the case ends with an order of discharge or acquittal, the Executive could fall back on its power of detention because the verdict of the Court goes against it. Put differently, the contention is that resort cannot be had to the Act to direct preventive detention of a person under sub-s. (2) of s. 3 of the Act for the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litan city of Delhi the law and order situation is worsening everyday and the use of knives and firearms has given rise to a new violence. There is a constant struggle to control the criminal activities of the persons engaged in such organised crimes for the maintenance of public order. It is difficult to appreciate the argument that the detention here is with a view to punish the detenu for a series of crimes that he is alleged to have committed, but which the law enforcement agency is not able to substantiate. There is no reason why the Executive cannot take recourse to its power of preventive detention in those cases where the Court is genuinely satisfied that no prosecution could possibly succeed against the detenu because he is a dangerous person who has overawed witnesses or against whom no one is prepared to depose. The prejudicial activities of the detenu leading to public disorder, as revealed in the grounds of detention, consist of a consistent course of criminal record. Although the criminal activities of the detenu in the past pertained mostly to breaches of law and order, they have now taken a turn for the worse. From the facts alleged it appears that the detenu has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere have been similar incidents of a like nature. What essentially is a problem relating to law and order may due to sudden sporadic and intermittent acts of physical violence on innocent victims in the metropolitan city of Delhi result in serious public disorder. It is the length, magnitude and intensity of the terror wave unleashed by a particular act of violence creating disorder that distinguishes it as an act affecting public order from that concerning law and order. Some offences primarily injure specific individuals and only secondarily the public interest, while others directly injure the public interest and affect individuals only remotely. The question is of the survival of the society and the problem is the method of control. Whenever there is an armed hold-up by gangsters in an exclusive residential area like Greater Kailash, Kalkaji or Lajpat Nagar and persons are deprived of their belongings like a car, wrist-watch or cash, or ladies relieved of their gold-chains or ornaments at the point of a knife or revolver, they become victims of organised crime. There is very little that the police can do about it except to keep a constant vigil over the movements of such per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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