RAJJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Under an order passed on 15-12-1987, the petitioner came to be detained in District Jail Datia u/s. 3(2) of the National Security Act, 1980, for short the Act, wherein the necessity of detaining him to prevent him from acting in any manner prejudicial to maintenance of public order is stated. Grounds for the order are stated in Annexure 2. His representation against the detention has been rejected. He appeared before the Advisory Board but Board submitted its "opinion" against him and his detention has been confirmed for a period of twelve months.

(2.) As many as four grounds are mentioned in Annexure 2. Although we examined each and every ground and on that score, this matter has had extended hearing, we considered it necessary to examine minutely the following ground in view of the latest position in law that even on a single valid ground, detention in such a case can be sustained :

(3.) Counsel for the petitioner Shri J.P. Gupta has urged strenuously that the ground is not relevant to the requirement of "public order" and he has also urged that the Detaining Authority did not have relevant material before it to reach the required "satisfaction" contemplated in law. It is counsel's submission that if the petitioner had intimidated several persons named in the ground Rameshwar Panda, Pradip Kumar Upadhyaya and Kripa Shankar his act would impinge only on maintenance of law and order; and not public order. Further, Rameshwar Panda may not have given any statement as his statement is not to be read in the documents supplied to the petitioner or even filed in this Court on behalf of the Detaining Authority. Shri Gupta has made the point that unless Rameshwar Panda had himself said that he was scared and on that account, he abandoned his home and hearth and left for Badoni Kalan, there could be no materials before the Detaining Authority to take the view that public order in the locality was disturbed.