1975 JTR(SC) 6
1975 AIR(SC) 571 ; 1975 CriLR 146 ; 1975 CrLJ 459 ; 1975 3 SCC 527 ; 1975 SCC(Cri) 117 ; 1975 1 SCWR 298 ; 1975 UJ 181 ; 1975 KHC 875
SUPREME COURT OF INDIA
K.K. MATHEW AND P.N. BHAGWATI, JJ.
Dhurus Kanu, Petitioner
Versus
The State of W.B., Respondent.
Writ Petn. No. 447 of 1974, D/- 14-1-1975
Advocates appeared
Suresh Sethi, Advocate A. C., for Petitioner; Mr. S. C. Majumdar, Advocate and Mr. G. S. Chatterjee, Advocate of M/s. Sukumar Basu and Co. Advocates, for Respondent.
Act Referred :MAINTENANCE OF INTERNAL SECURITY ACT : S.3
Maintenance of Internal Security Act, 1971 - Section 3 - Order of detention - Petitioner sent a representation and that was received by State Government on - State Government placed case of detenu before Advisory Board on representation of petitioner was considered by Government and it was rejected but same was forwarded to Advisory Board - Held, Court also do not think that there is any merit in contention of counsel for petitioner that State Government went wrong in forwarding representation to Advisory Board after rejecting it- In law State Government was bound to consider representation before forwarding it to Advisory Board - It may be recalled that State Government rejected representation on and same was forwarded to Board - And it was after considering representation that Board made report – Court see no circumstances vitiating order of detention - Appeal dismissed
Maintenance of Internal Security Act, 1971 - Section 3 - Order of detention - Petitioner sent a representation and that was received by State Government on - State Government placed case of detenu before Advisory Board on representation of petitioner was considered by Government and it was rejected but same was forwarded to Advisory Board - Held, Court also do not think that there is any merit in contention of counsel for petitioner that State Government went wrong in forwarding representation to Advisory Board after rejecting it- In law State Government was bound to consider representation before forwarding it to Advisory Board - It may be recalled that State Government rejected representation on and same was forwarded to Board - And it was after considering representation that Board made report – Court see no circumstances vitiating order of detention - Appeal dismissed
A.C.Majmudar, C.S.CHATTERJI, Sukumar Basu, Suresh Sethi
Judgment
MATHEW, J.:- The petitioner challenges the validity of an order of detention passed under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 by the District Magistrate, Nadia on 16-3-1973. In pursuance to the Order, the petitioner was detained on 19-3-1973 The grounds of detention were communicated to the detenu. The petitioner sent a representation and that was received by the State Government on 30-3-1973. The State Government placed the case of the detenu before the Advisory Board on 31-3-1973. The representation of the petitioner was considered by the Government and it was rejected on 4-4-1973 but the same was forwarded to the Advisory Board. The Advisory Board submitted its report stating that there was sufficient cause for detention of the petitioner on 10-5-1973. The detention order was confirmed by Government on 15-5-1973.
2. The ground of detention stated:
"That on 24-1-1973 night between 01.00 hrs. to 02.00 hrs. you along with your associates committed theft of 4 pairs of fish plates from the running track at KM post No. 47/1, 47/3, 47/5 in between Kalyani R. S. and Kanchrapara R. S. and as a result train services were disrupted for a considerable period affecting supplies and services.
You have thus acted in a manner prejudicial to the maintenance of supplies and services essential to the community."
3. There can be no doubt that removing fish plates from the running track and disrupting service for a considerable period would affect the maintenance of supplies and services essential to the community. It cannot be said that the satisfaction of the detaining authority on the basis of this single occurrence that if the petitioner were to be left at large he would indulge in similar activities in future and thus act in a manner prejudicial to the maintenance of supplies and services essential to the community was not based on adequate materials.
4. We also do not think that there is any merit in the contention of counsel for the petitioner that the State Government went wrong in forwarding the representation to the Advisory Board after rejecting it. In law, the State Government was bound to consider the representation before forwarding it to the Advisory Board. It may be recalled that the State Government rejected the representation on 4-4-1973 and the same was forwarded to the Board. And it was after considering the representation that the Board made the report. We see no circumstances vitiating the order of detention.
5. We dismiss the petition.
Appeal dismissed.
For Citation : AIR 1975 SC 571