Skip to content


Nepal Hait Vs. the State of West Bengal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 264 of 1971
Judge
Reported inAIR1973SC466; 1973CriLJ686; (1972)3SCC774; 1972(4)LC524(SC)
AppellantNepal Hait
RespondentThe State of West Bengal
Appellant Advocate M.N. Goswami, Adv
Respondent Advocate D.N. Mukherijee, ; G.S. Chatterjee, Advs.
Excerpt:
.....public order - all steps taken by authority for detention were proper and in accordance with law - grounds for detention genuine and relevant - no ground urged by petitioner upon which petition can be sustained and so petition liable to be dismissed. - labour & services seniority: [s.b.sinha & dr.mukundakam sharama,jj] determination - district transport officer (motor vehicle) department examination rules (1984), rule 5 appearance at examination being mandatory - failure of appellants to pass department examination within stipulated period upon availing specified chances - conditions laid down in rule for grant of exemption also not fulfilled in case of appellant held, order placing appellant below those who had passed examination prior to him is not illegal. - 1. the petitioner..........of the said order, the petitioner was arrested on may 12, 1971, and taken in detention. the grounds of detention served on the petitioner alleged that on february 5, 1971 and february 27, 1971 the petitioner along with certain other associates, armed with bombs, burnt down the club room of kadamtala milan sangha club, and caused grievous injury to one banti sarkar by throwing a bomb at him. but the aforesaid acts caused alarm and terror to the residents of the locality. it is not disputed that these activities fell within the definition of the expression 'acting in any manner prejudicial to the maintenance of public order' as contained in section 3(2) of the act. it is also not and cannot be disputed that all the steps taken by the detaining authority, required to be taken under.....
Judgment:

J.M. Shelat, J.

1. The petitioner herein was directed to be detained by an order of the District Magistrate, Howrah, passed on April 12, 1971, on his being satisfied that it was necessary to do so with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, a ground upon which the West Bengal (Prevention of Violent Activities) Act, President's Act 19 of 1970, confers power to pass such an order under its Section 3(1) and (3) upon the District Magistrate.

2. In pursuance of the said order, the petitioner was arrested on May 12, 1971, and taken in detention. The grounds of detention served on the petitioner alleged that on February 5, 1971 and February 27, 1971 the petitioner along with certain other associates, armed with bombs, burnt down the club room of Kadamtala Milan Sangha Club, and caused grievous injury to one Banti Sarkar by throwing a bomb at him. But the aforesaid acts caused alarm and terror to the residents of the locality. It is not disputed that these activities fell within the definition of the expression 'acting in any manner prejudicial to the maintenance of public order' as contained in Section 3(2) of the Act. It is also not and cannot be disputed that all the steps taken by the detaining authority, required to be taken under the act, were properly and within the time prescribed by the Act therefore were duly taken and that none of them is affected by any flaw or infirmity. It is not contended that the grounds for the petitioner's detention were either vague or indefinite since they were clearly stated and contained sufficient particulars to enable the petitioner to effectively make his representation.

3. That being the position, there is no ground urged before us upon which the petition can be sustained.

4. In the result the petition has to be dismissed which we hereby do.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //