JAGDISH PRASAD GUPTA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) On 16th October, 1974 we directed the release of the detenu and announced that we would give our reasons later. We now proceed to state our reasons.

(2.) We confess that we are not a little perturbed by the very casual and often indifferent manner in which orders of dentention appear to have been made in some of the cases that have come before us recently. In fact, in some cases, we were left with an uneasy feeling that the very carelessness was designed to furnish ammunition for attack. We do hope, it was not so, but that it was mere carelessness. But, if it was carelessness concerned as we are with the liberty of the subject, we must hasten to say that detaining authorities should act with great caution, utmost circumspection and a deep regard fcr fundamental liberties. To act in any other manner, is truly unpardonable. To detain a person without trial, is indeed a serious matter. It offends the ordinary standards of fair-play observed and well established in democratic countries, that is why, Courts of justice, accustomed to procedures involving fair-play insist upon strict compliance with the safeguards prescribed by the Constitution and by the Parliament, where such detention, becomes inevitable.

(3.) Turning to the facts of the present case, on 4th September, 1974, the Commissioner of Police. Hyderabad made an order for the detention of the petitioner under section 3 (i) (a) (iii) of the Maintenance of Internal Security Act. However the petitioner was not arrested till 26th September, 1974. According to the respondents, he could not be arrested because he was absconding. According to the petitioner, he was always available, and he surrendered himself to the Superintendent, Central Jail, Hyderabad on 26th. September, 1974 as soon as he came to know of the detention order. For the purpose of the present case, it is immaterial why he was not arrested till 26th September, 1974. What is material is the circumstance that he surrendered to the Superintendent Central Jail, Hyderabad on 26th September, 1974. The Assistant Commissioner of Police who was informed about it, served the order of detention dated 4th September, 1974 on the petitioner. A fresh order of detention dated 26th September, 1974, was served on the petitioner in the Central Jail, Hyderabad. The petitioner was served with the grounds of detention on 30th September, 1074.