MRITYUNJOY NATH Vs. DISTRICT MAGISTRATE, NADIA AND OTHERS

JUDGEMENT

(1.) In this application under section 491 of the Code of Criminal Procedure the petitioner Mrityunjoy Nath has challenged the detention of his brother Sushanta alias Aparna Nath, who was detained pursuant to an order No. 1223-C, dated 20. 5. 73 passed by Sri M. K. Moitra, District Magistrate, Nadia, under the Maintenance of Internal Security Act, with a view' to preventing the detenue from acting in any manner prejudicial to the maintenance of public order.

(2.) The grounds of detention were communicated to the detenue by order No. 1222-C, dated 20. 5. 73. For the purpose of this rule it Will suffice to deal with ground No. 2 only which has been challenged by Mr. Mrinmoy Bagchi, learned Advocate appearing on behalf of the petitioner, as irrelevant as the incident mentioned in the said ground according to Mr. Bagchi does not affect public order. The said ground reads as follows:-

(3.) Although it is alleged in the said ground that the detenue and his associates were armed with deadly weapons including fire arms, it is nowhere stated in the said ground that the fire-arms were actually used by the detenue and his associates when they raised Molopara and created chaos in the area ; neither is it alleged anywhere in the said ground that the raid took place in furtherance of any political ideology. It is also stated in the ground that one Tapan Haider was attacked and kidnapped and he is untraced since then. The acts of the detenue and his associates as referred to in the said ground are mere infractions of law and order and cannot be said to be violative of public order as the life of the community in the locality cannot be said to have been affected. The ground as such must be held to be irrelevant.