9911796707
TMI Blog1974 (2) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... ervices essential to the community. The communication dated 23rd May, 1972, which was served on the petitioner at the time of his arrest, intimated to him the following ground on which the order of detention was made by the District Magistrate : That on 18-12-1971 at about 20.00 hours you along with your associates with a view to commit theft of copper return feeder wire of Railway Traction cut the end of the wire of traction at Post No. 28/23 m between Shyamnagar and Ichhapur. During the operation your associates Shri Lakshman Ch. Das died of electrocution at the post. You and other associates then left the place without picking up the wires which rolled up in a running goods train passing on the line and caused serious damage to Post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the maintenance of supply and services essential to the community and so he was detained under the said Act. The argument of the petitioner was that in arriving at his subjective satisfaction that it was necessary to detain the petitioner with a view to preventing him from carrying on prejudicial activities, the District Magistrate took into account not only the solitary incident intimated to the petitioner in the communication dated 23rd May, 1972, but also the fact that the petitioner was one of the notorious anti-social element of Shyamnagar P.S. , and that he was indulging in committing theft of copper feeder wires from railway tractions . This, additional circumstance, which went into the formation of the satisfaction of the Dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Shyamnagar police station and was indulging in committing theft of copper feeder wires from railway tractions. The question is : does this prejudicial activity attributed to the petitioner 50 beyond the ground based on the single fugitive incident communicated to the petitioner, or is comprised within it ? 2. To answer this question it is necessary to understand the real nature of the activity of the petitioner as disclosed by the incident communicated to him. This incident must be judged in its correct setting, grave proportions and clear implications. It must be noticed that this was not an ordinary incident of theft of wheat, rice or jute bags. It was a daring act of robbery of copper return feeder wire of railway tractions which re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal, W.R. No. 20 of 1973 decided on 22-2-1974 : (reported in AIR 1974 Supreme Court 832) : the very proficiency and daring displayed by the petitioner, with his associates, in doing what he did, amounts to the attribution of a series of activities more fully put down in paragraph 7 of the affidavit of the District Magistrate. It is, therefore, not possible to say that in arriving at the requisite satisfaction the District Magistrate relied on any ground not communicated to the petitioner, or that in making the order of detention he was guilty of any violation of the statutory provision in Section 8 or of the constitutional safeguard in Article 22, Clause (5). 3. This was the only contention urged on behalf of the petitioner and since t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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