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1968 DIGILAW 380 (SC)

In the Matter of Sushil v. ABC

1968-11-06

G.K.MITTER, K.S.HEGDE, M.HIDAYATULLAH, R.S.BACHAWAT, S.M.SIKRI

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JUDGMENT : M. Hidayatullah. C.J.I. 1. The petitioner Sushil was detained under an order dated November 21, 1967 passed by the District Magistrate, Burdwan under Section 3 (2) of the Preventive Detention Act, 1950. Grounds of detention were served on March 18, 1968. He did not make a representation under Section 10 of the Act. The report of the Advisory Board under Section 10 of the Act was against him. In this petition he claims that his detention is not justified under law. Four grounds of detention were served on him. We have perused those grounds. We think that one of them namely ground No. (c) was not relevant to his detention which was for preventing him from acting in a manner prejudicial to the maintenance of public order. The ground in question refers to a solitary incident of a criminal nature disclosing an offence committed by him. "It does not fit in with the others to spell out a consistent conduct pointing to public disorder to justify the action". 2. It is a matter of opinion whether ground No. (a) also should not be similarly described. Since at least one out of four grounds leading to his detention is found to be irrelevant, we think that under the rulings of this Court, he is entitled to release. Sushil @ Sunil Kumar Chatterjee shall be taken to the jail from which he has come and released there unless he be required in any other connection.