MURLI DHAR DALMIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Murli Dhar Dalmia, in the Criminal Writ No. 15 of 1976 filed by him under Articles 226 and 227 of the Constitution of India and section 482, Cr. P.O., 1973, against the Union of India and others asks for quashing the orders of detention dated 30th November, 1975, made by the District Magistrate, Bhiwani (Haryana State), respondent No. 5 under section 3(1) of the Maintenance of Internal Security Act, 1971 (herein called 'the Act') and the declaration dated 14th December, 1975, Annexure A, made by the Governor of Haryana in exercise of the powers conferred under sub-section (3) of section 16A of the Act and the order (proclamation) dated 16th January, 1976, Annexure 'F' made by respondent No. 2 (Shri R. N. Jindal, Metropolitan Magistrate, Delhi), published on 24th January, 1976. He further prays that a direction be issued to respondent No. 2 to forbear and desist from taking any further steps or proceedings in pursuance of the said order dated 16th January, 1976, and the proclamation published on 24th January, 1976. The detention order and the declaration made under section 16(3) of the Act are sought to be quashed on the ground that the petitioner is not engaged in any political activities and that from an appraisal of his social and business activities, which he has enumerated in detail in the petition, the petitioner contends that on the facts and circumstances of the case it is impossible for any rational person acting with a sense of responsibility and properly directed in law to come to the conclusion that it is necessary to detain the petitioner for effectively dealing with the Emergency.

(2.) Giving his bio-data the petitioner submits that he joined the Birla Jute Manufacturing Company Limited Birlapur (24 Parganas), West Bengal, in 1908, and in 1935 he joined the Biria Cotton Spinning and Weaving Mills Limited at Delhi and worked there till his retirement on the 11th of December, 1975. During his service because of his meritorious work he was promoted to the position of the Executive President of the Birla Cotton Spinning and Weaving Mills Limited. He was also associated with the "Technological Institute of Textiles" at Bhiwani (herein called 'the Institute') owned by the Birla Education Trust. The petitioner further alleges that he had been and is a director of several other Companies and had participated actively in several spheres of social activities being connected with a number of educational and charitable institutions. Besides, he served for several years on the Advisory Councils for 'Air India' and Indian Airlines'--both Government of India Undertakings. He claims to have taken keen interest in various sports, social and educational activities in addition to his having contributed to the development of industry.

(3.) His aforesaid activities are set out in paras 5 to 8 of the writ petition, full details whereof need not be recapitulated for purposes of this order. In short, the petitioner avers that he had not done any such act from which it could be inferred that his activities were and are in any manner prejudicial to the Defence of India or civil defence or maintenance of public order or the security of India or the maintenance of supplies and services essential to the community.