9911796707
TMI Blog1988 (1) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... Here are the reasons: In this writ petition, the validity of the detention of Arun Aggarwal has been challenged. He has been detained by the District Magistrate, Meerut by an order dated August 3, 1987 made under sec. 3(2) of the National Security Act, 1980. The Government, after the receipt of opinion of the Advisory Board, has approved the detention as required under sec. 12(1) of that Act. The impugned order reads as under: office of the District Magistrate, Meerut ORDER As I am satisfied as District Magistrate, Meerut that issue of order to prevent Shri Arun Aggarwal, son of Shri Rattan Singh, resident of 234, L Block, Shastri Nagar, Police Station Medical, Meerut from doing act against the maintenance of public order i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent you are detained in District Jail, Meerut and you are trying to come out on bail and there is enough possibility of your being bailed out. Before we consider the main ground raised in the petition, we may make one point clear. The order of detention repeatedly states that the detenu committing the alleged five offences set out in the detention order was the cause for breaking out communal riot in Meerut City. But in the counter-affidavit filed on behalf of the respondents, it has been stated that the communal riots broke out in Meerut on April 14, 1987 on the occasion of Shab-e-Earat. That was controlled by the Administration. However, in the night intervening between 13/19 May, 1987, again a communal riot broke out. But all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f material placed before the detaining authority in that case. The principles applicable in these types of preventive detention cases have been explained in several decisions of this Court. All those cases have been considered in a recent decision in Poonam Lata v. M. L. Wadhawan, [1987] 4 SCC 48. The principles may be summarised as follows. Section 3 of the National Security Act does not preclude the authority from making an order of detention against a person while he is in custody or in jail, but the relevant facts in connection with the making of the order would make all the difference in every case. The validity of the order of detention has to be judged in every individual case on its own facts. There must be material apparently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the court for bail when he is arrested under the ordinary law of the land. If the State thinks that he does not deserve bail the State could oppose the grant of bail. He cannot, however, be interdicted from moving the court for bail by clamping an order of detention. The possibility of the Court granting bail may not be sufficient. Nor a bald statement that the person would repeat his criminal activities would be enough. There must also be credible information or cogent reasons apparent on the record that the detenu, if enlarged on bail, would act prejudicially to the interest of public order. That has been made clear in Binod Singh v. District Magistrate Dhanbad, [1986] 4 SCC 416 at 421, where it was observed: A bald statement is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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