ARUN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THE petitioner Arun Ghosh has been detained by the District Magistrate Malda under Section 3(2) of the Preventive Detention Act. THE order was made on 2/06/1969 and he was arrested <PG>99</PG>the following day. THE order states that it was made to prevent him fromacting prejudicially to the maintenance of public order. His representationwas rejected by the Advisory Board and also independently by the StateGovernment. We have looked into the case and are satisfied that therewas no undue delay at any stage in dealing with the various aspects of hisdetention as laid down in the Act.

(3.) IN the present case the acts of the petitioner affected the family of Phanindra C. Das and also two other individuals who were assaulted. The case is distinguishable from Writ Petition No. 102 of 1969 where three instances of rioting armed with lathis, iron rods and acid bulbs etc., ware <PG>101</PG>held sufficient to disturb the even tempo of public life in that locality and were treated as disturbance of public order. On the other hand in WritPetition No. 179 of 1968 assaults on four persons A, B, C and D and throwinga cracker into a police wireless van were not held to add up to the disturbance of public order. They were treated as separate acts which affected individuals but did not affect the community at large.