BHANU SHARAN Vs. SUPERINTENDENT CENTRAL JAIL NAINI ALLAHABAD

JUDGEMENT

(1.) HEARD Shri Daya Shankar Mishra, learned Counsel for the petitioner, Shri Mahendra Pratap, learned AGA for the State and Shri. J. Lal, learned Counsel appearing for the Union of India.

(2.) VALIDITY of detention order dated 22-12-2000 passed by the District Magistrate, Allahabad in exercise of power under sub-section (2) read sub-section (3) of the National Security Act, 1980 and continued detention pursuant thereto is under challenge in this petition under Article 229 of the Constitution of India. The detention is based on solitary incident giving rise case crime No. 229 of 2000 under Sections 307, 284, 223, 504 and 506 I. P. C. police station Cantt. , District Allahabad.

(3.) IN Debu Mahto v. State of West Bengal, AIR 1974, 816, it has been held that a solitary act attributed to a person can form the basis for reaching the satisfaction that he might repeat such acts in future and in order to prevent him from doing so it is necessary to detain him. It was, however, observed: "such past conduct may consist of one single act or of a series of acts. But whatever it be, it must be of such a nature that an interference can reasonably be drawn from it that the person concerned could be likely to repeat such acts so as to warrant his detention. It may be easier to draw such an inference where there is a series of acts evincing a curse of conduct but even if there is a single act, such inference may justifiably be drawn in a given case. "