KANCHHEDI KHAN Vs. DISTRICT MAGISTRATE DAMOH

JUDGEMENT

(1.) This is a petition by a detenu who has been detained by order of the District Magistrate, Damoh, dated 29th September, 1982 under the National Security Act, 1980 for preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) The petitioner is 72 years of age. It is stated in the petition that the petitioner has received four Tamra Patras for his distinguished national service. This allegation is not denied by the respondent and it, is only stated in the return that it is not relevant. The grounds of detention were also supplied on 29th September, 1982. They are three in number. The schedule to the grounds contains the particulars. It is not necessary for us to mention all the grounds excepting the first which, in our opinion, is not relevant at all to the maintenance of public order. It is stated in this ground that the petitioner with his family members carries on illicit trade in liquor and that he is making illicit gain and causing economic loss to the Government. This ground in our opinion, is wholly unrelated to the public order. It is now well settled that even if one of the grounds on which detention is ordered is irrelevant, the order of detention becomes invalid.

(3.) The petition is allowed. We quash the detention order. We further order that the petitioner be released forthwith. Petition allowed.