(1.) Lawrance, petitioner, by means of this petition under Articles 226 and 227 of the Constitutlion of , India, and section 491 of the Code of Criminal Procedure has , challenged the order of his detention under Rule 30 of the Defence of. India Rules which was made by the District Magistrate, Delhi, on 4th September, 1965 and was confirmed by the Administiator of Union Territory, Delhi, on 6th September 1965. The order of detention reads as under :-
(2.) The petition has been resisted by Mr. Nanak Chand on behalf of the respondents, and the affidavit of Shri S.G. Bose Mullick, District Magistrate, Delhi, has been filed. It has been denied that the petitioner has incurred the displeasure of the Police. According to Shri Mullick the petitioner has committed various offences, and his remaining at large is prejudicial to the maintenance of peaceful conditions in Delhi. The various criminal activities of the petitioner have been enumerated, and it is stated that on 9th February, 1962 he along with two others teased three young girls and when some respectables of the locality took exception to such conduct, the petitioner whipped out a knife and made murderous assault on them. The petitioner was arrested and challaned, and was convicted by the trial Court. The petitioner was also arrested in a case under the Excise Act which case is still pending. On 23rd December, 1962 the petitioner along with two others waylaid two college boys and robbed them of their wrist watch, mufflar and Rs. 12.00 in cash. The case on that account is still pending. On 15th April, 1963 the petitioner along with three others teased a girl and when relations of the girl intervened he stabbed one of them, and a case under section 326, Indian Penal Code, is pending. On 29th July, 1963, the petitioner asked a taxi driver for a free lift and on driver's refusal picked up a quarrel whereafter he was arrested in a case under section 107/151, Criminal Procedure Code. On 22nd August 1963 the petitioner along with others robbed a college boy of his golden ring and purse on the point of knife. The petitioner was tried on that account but was given the benefit of doubt and acquitted. A case under sections 55 and 109 of the Code of Criminal Procedare is also pending against the patitioner, for an incident which took place on 23th February, 1961. According further to the affidavit, the petitioner is a very dangerous character and threatens public of danger to their life if they would give evidence against him. The detention order is stated to be just, proper and bona fide
(3.) Mr. Chowdri on behalf of the petitioner has pointed out that the petitioner was acquitted on appeal by the High Court on 11th February, 1965 in the case relating to the occurrence on 9th February, It is further pointed out that the petitioner has not indulged in any anti-national activity and that his detention is misuse of the provisions of inc Defence of India Rules.