SUDHIR KUMAR SAHA Vs. COMMISSIONER OF POLICE CALCUTTA

JUDGEMENT

(1.) In this petition under Article 32 of the Constitution submitted from Jail, the petitioner seeks a writ of Habeas Corpus directing his release from detention. We have already directed the release of the petitioner on 15-12-1969. Now we proceed to give our reasons in support of that order.

(2.) The petitioner was ordered to be detained by the Commissioner of Police, Calcutta under Section 3 (2) of the Preventive Detention Act, 1950 (Act IV of 1950) by his order dated July 15, 1969. It is stated in that order that the petitioner was ordered to be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of "public order". That order was confirmed by the State Government after the same was approved by the Advisory Board.

(3.) From the grounds served on the petitioner, it appears that his detention was ordered because of the three instances mentioned therein. It is said therein that on 28-2-1968 between 9-50 p. m. and 10-30 p. m. the petitioner armed with a knife along with some others also armed, created disturbance on the Northern Avenue in the course of which he attacked the local people with knife as a result of which one Ajit Kumar Biswas sustained stab injuries. It is further alleged that during that incident, the petitioner and his associates hurled sodawater bottles and brickbats towards the local people endangering their lives and safety and thereby they created fear and fringhtfulness amongst the people of the locality and thus affected public peace and tranquillity of the locality.