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Gdut Ali Miah v. State Of West Bengal

Gdut Ali Miah
v.
State Of West Bengal

(Supreme Court Of India)

Writ Petition No. 555 Of 1972 | 18-02-1974


Krishna Iyer, J.

1. Shri G. S. Rama Rao, appearing as amicus curiae, has urged five grounds in support of his challenge to the validity of the order of detention passed on the petitioner by the District Magistrate, 24 parganas, under Section 3 (2) of the Maintenance of Internal Security Act, 1971 (for short, the Act) read with subsection (1) thereof.

2. One point urged was that there was a delay of five months between the first incident relied upon in the grounds in support of the detention and the actual order of detention, but it is obvious that it was a course, of conduct attributed to the petitioner which persuaded the District Magistrate into the conclusion that it was necessary to inhibit his activities prejudicial to the maintenance of supplies and services to the community. The last of such instances was in April 1972 and within two months thereof the order of detention had been made. We are not impressed with the argument that there has been such a long gap between the materials on which reliance is placed and the actual order passed as to lead to the inference that the subjective satisfaction of the District Magistrate is unreal and invalid.

3. The second ground of attack is that the particulars furnished to the detenu are vague. There is no force in this either. The three episodes recited in the annexure to the detention order give sufficient particulars to enable an effective representation contra.

4. The point that the associates of the petitioner in his prejudicial adventures were not named in the particulars furnished also has no legal force (vide this Courts decision in Hasan Ali v. State of West Bengal, AIR 1972 SC 2590 [LQ/SC/1972/340] ).

5. The other plea that the grounds or particulars mentioned by the District Magistrate have no relevance to the maintenance of supplies and services has no merit whatever. The prejudicial activity of the petitioner appears to be to remove the lighting equipments in the Diamond Harbour on the Hoogly leading obviously to the hindrance of vessels navigating and thus producing disruption in the maintenance of supplies and services. After all, the movement of ships is essential to supplies and services to the community at large.

6. Equally meritless is the contention that the counter affidavit of the State describes the petitioner as "a notorious anti-social and he was indulging in stealing valuable river navigational lighting equipment from light posts and buoys in the river Hoogly ," and that, therefore more than what has been communicated to the detenu has influenced the detaining authority and the higher authorities in directing or affirming the detention. We see nothing new as having been relied upon by the authorities under the Act and all that is stated in paragraph 7 of the State affidavit in return has in substance been communicated to the petitioner.

7. The plea the detenu has been undergoing incarceration for a long time since the middle of 1972 and that, unless released, his poor family will be in great distress is no contention in law under the Act but has to be made to the State Government which has always the power to review the situation with reference to a detenu. May be, the State Government may consider the position if appropriately moved. We see no ground to direct release of the petitioner on any of too contentions set up on his behalf by counsel.

8. In these circumstances we dismiss the petition.

9. Petition dismissed.

Advocates List

For the Appearing Parties ---------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE D.G. PALEKAR

HON'BLE MR. JUSTICE P.N. BHAGWATI

HON'BLE MR. JUSTICE V.R. KRISHNA IYER

Eq Citation

1974 CRILJ 904

(1974) 4 SCC 129

(1974) SCC CRI 268

AIR 1974 SC 894

1974 (6) UJ 216

LQ/SC/1974/51

HeadNote

A. Detention — Grounds for detention — Maintenance of Internal Security Act, 1971 — S. 3(2) r/w S. 3(1) — Relevance of — Activities of detenu in removing lighting equipments in Diamond Harbour on Hoogly leading obviously to hindrance of vessels navigating and thus producing disruption in maintenance of supplies and services — Held, relevant to detention — Movement of ships is essential to supplies and services to community at large — Hence, subjective satisfaction of District Magistrate in this regard, held, not unreal and invalid — Constitution of India, Art. 226