RAJDHAR KALU PATIL Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 491 of the Criminal Procedure Code for the release of the detenue, Rajdhar Kalu Patil, He was detained by Government by an order issued on June 5, 1947, under Section 2 of the Bombay Public Security Measures Act, 1947 (Bom. Act VI of 1947 ). On the same day under Section 8 the Government informed the detenue of the grounds on which the order of detention had been made against him and these grounds are: (1) that you are an active member of the organisation at Amalner. (2) that you threaten public peace and tranquillity of the" Amalner town by using violent methods. (3) that you have been carrying on subversive propaganda among the people to prepare and use illegal and violent ways.

(2.) THE order of Government itself is ex facie good and has not been 'seriously challenged by Mr. Patel for the applicant. But what has been contended before us. is that inasmuch as two of the three grounds furnished to the detenue are bad, notwithstanding the fact that the third ground might be good, the order of detention cannot be justified. In this case there can be no doubt that grounds Nos. 1 and 3 are vague and indefinite. It is equally clear in this case that the second ground is both precise and accurate.

(3.) UNDER Section 4 of the Act it is left to the discretion of Government to annul or confirm the order or modify it or make any other order after considering the representation made to it by the detenue. The Court is not concerned with the merits of the representation nor with the propriety of the order made by the Government under that section.