MOHAMMAD ANWAR ALIAS RUSI Vs. DISTRICT MAGISTRATE SEHORE

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous Petition No. 107 of 1973 Ajai Singh v. District Magistrate, Bhopal and another.

(2.) THE petitioner in each of these cases is under detention by virtue of the powers contained in the Maintenance of Internal Security Act, 1971 (Act No. 26 of 1971), hereinafter referred to as 'the Act', and these petitions are filed under Article 226 of the Constitution of India for the issue of a writ in the nature of Habeas Corpus.

(3.) THE first argument of Shri Sinha does not need any elaborate discussion. THEre can be no doubt that if an authority is conferred with two powers, both of which are available in a given case, then the action taken under any one of them cannot be challenged on the ground that the other should have been resorted to. This is a matter entirely within the discretion of that authority. THE only question which would in fact arise is the validity of the action taken under the Maintenance of Internal Security Act, 1971, and it is of no consequence that the District Magistrate was also empowered to act under the Madhya Pradesh Maintenance of Public Order Act, 1965, which power he did not choose to exercise. Thus, this argument has absolutely no force.