RAM RANJAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, Ram Ranjan Chatterjee, challenges the order of his detention dated 8-12-1973 made under Section 3 of the Maintenance of Internal Security Act, by the District Magistrate, Purulia. The order states that "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do." It is founded on three grounds which run as under:

(2.) On 28-6-1973 at about 08.00 hrs. you with your associates armed with daggers and other dangerous weapons suddenly entered into the 'Grocery' of Shri Narayan Chandra Garai (s/o Harishikesh Garai) at Kistapur Bazar, P. S. Santuri and demanded commodities from his shop for which you did not intend to pay. On refusal of the shopkeeper (Shri Narayan Chandra Garai), you and your associates furiously attacked him (the shopkeeper) with daggers, threatening him and others present with instant death if they protested. Dismayed and overawed the shopkeeper (Shri Narayan Garai) and the customers fled away from the shop for fear of life. This violent act created consternation in the area and all the shops in the said bazar were closed down instantly as a consequence. Your activity jeopardised the normal life and free movement of the local people injuring public interest.

(3.) The first contention of Mr. K. K. Sinha, learned Counsel appearing for the petitioner as amicus curiae, is that the three incidents mentioned in the grounds of detention are not relevant to the maintenance of "public order." According to Counsel, these incidents concern 'law and order" only. On these premises, it is urged that the impugned order is illegal. Support for this contention has been sought from the dictum of this Court in Dipak Bose v. State of West Bengal, AIR 1972 SC 2686.