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TMI Blog1972 (11) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... ects for which the Act permits preventive detention. 2. The two grounds of detention supplied to the petitioner, as afore said, read as follows: (1) On 12-8-71 at about 17.00 hours you and some of your associates being armed with bhojali, bomb, choppers etc. etc. kidnapped Kashinath Saha of West Putiary, P.S. Behala and killed him at K.M. Naskar Road, P.S. Jadavpur. You thereby created panic and terror in the locality and disturbed public order. (2) On 26-8-71 at about 12.00 hours you and some of your associates being armed with bombs, daggers, choppers, pipe guns etc. dragged one Jyotirmay Bhattacharya and killed him at H.L. Sarkar Road, Bansdroni, P.S. Jadavpur. You thereby created panic and terror in the locality and distu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire. That ground was held to be a valid ground, jeopardising the maintenance of public order and falling under Section 3(2)(d) of the said Act. In that decision a distinction was made between acts which by reason of their impact and potentiality affect the even tempo of the life of the people in the locality where they are committed and those which do not have such an impact and are acts which concern only specific individuals. As an example of the latter class, the case of Sudhir Kumar Saha v. The Commr. of Police, Calcutta 1970 CriLJ 843 may aptly be recalled. That case was under the Preventive Detention Act of 1950 which did not contain any special definition of the expression acting in any manner prejudicial to the maintenance of publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Arun Kumar Sinha v. State of West Bengal W.P. No. 117 of 1972, D/- 31-7-1972 : reported in AIR 1972 SC 2371. 4. The question, therefore, to be properly asked in the present case is whether acts attributed to the petitioner in the grounds of detention fell in the same class and have the same kind of impact as acts alleged In the cases above referred to. In the two incidents described in the grounds the petitioner was said to have been accompanied by certain associates and it was also alleged that he and his associates carried with them certain weapons including bombs. The first Incident was said to have taken place on August 12, 1971 when one Kashinath Shah was killed on a public road. The second incident was said to have taken place ..... X X X X Extracts X X X X X X X X Extracts X X X X
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