KAMLA DEVI Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) Facts : Detenu has a stable. S.I. of Police was on patrol duty on 1.2.92. He saw that some persons had collected near the stable. They ran away on seeing the S.I. except one who was selling illicit liquor. S.I. searched the stable.

(2.) He was obstructed in his duties after he found liquor bottles in the stable. Order of detention was made against the detenu on 1.5.92 u/S. 3(2) of National Security Act. He made a representation to Advisory Board on 11.5.92. It was rejected. State Govt. then confirmed the Order for one year on 17.6.92. His wife filed W.P. which was rejected by High Court. She (Kamlabai) then appealed to Supreme Court where it was held:

(3.) When the SI was about to take the arrested person and the liquor bottles, the detenu and his associates came there, questioned the S.I. and forcibly broke the liquor bottles on the spot. When S.I. told them that he was performing his duty, the detenu threatened him that they will finish him if he does not act according to their wishes. So saying detenu caught hold of the S.I. and surrounded him. The S.I. however, got released and went to the Police Station. This act and conduct of the detenu was considered as nothing but display of goondaism, by detaining authority. We cannot say his is a stray act affecting law and order. Catching hold of a S.I. in a public place like that naturally would have created panic in the locality. We cannot say that the ground has no nexus to public order. Other ground urged is that there was delay in the Central Govt. considering representation. In the counter-affidavit it is stated that representation of 11 5.92 was received on 14.5.92 and it was sent to Home Minister and reply was given to detenu on 26.5.92. There is no delay by State Govt Central Govt. stated in its affidavit that it sent a wireless message on 19.5 92 asking information which was received on 21.5.92 and again a wireless message was given on 13.7.92 & on 15.7.92 matter was concluded. Submission is that from 18.6.92 to 13.7.92 no explanation has been given regarding delay.