SAHADEB PRAMANIK Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) IN this application for a Writ in the nature of Habeas Corpus the detenu is challenging an order of detention passed by the District Magistrate, Howrah on the 7th of February, 1975 in exercise of powers conferred by subsection (1) read with Sub -section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the said Act). The said order was passed with a view to preventing the detenu from acting in a manner prejudicial to the maintenance of public order. The incident referred to in the grounds of detention served on the detenu is set out hereinbelow: - On 14 -12 -1974 at about 06 -10 hours you along with your associates (1) Md. Abdul Gani (2) Nimi Dhara, (3) Naba Kumar Khan and 8 others being armed with daggers, knives etc. were trying to board a local train (No. C -244) Dn. at Kamar Kundun Railway Station with a view to commit decoity in the train. The movement of you and your associates (1) Md. Abdul Gani, (2) Nimai Dhara, (3) Naba Kumar Khan and others created suspicion to the Railway staff and police on special duty at the platform, When the police challenged you and your associates you started to run away. At this, hue and cry was raised by police and some local public, Railway staff and police chased you and your associates on the platfrom when you and your associates (1) Md. Abdul Gani (2) Nimai Dhara (3) Naba Kumar Khan and others intimidated them by brandishing the daggers, bhujalies etc. and started pelting ballasts at them. There was a complete chaos at this stage and people being panicky started to run to and fro and jumped out of the platform. The above incident caused panic and terror among the public in general who ran to and fro out of fear. The prejudicial activity of this amount disrupted the public order and tranquillity of the place was greatly disturbed. The said activity of your thus attracts Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 1971 (Act. No. 26 of 1971).

(2.) ON behalf of the petitioner it was firstly submitted that the grounds relate to law and order and not public order. There is no merit in this contention. Public order means grave public disorder. It is a question of affecting the even flow of the life of the community. In the present case, the detenu and his associates being armed with daggers, knives etc. were trying to board a local train (No. C -244 Dn.) at Kamar Kundu Railway Station with a view to commit dacoity in the train. On suspicion being created the detenu and his associates were challenged and they were chased by the police and some local public when they were intimidated by the detenu and his associates by brandishing the daggers, bhujalies etc. who started pelting ballasts at them. As a result there was a complete chaos at this stage and people being panicky started to run to and fro and jumped out of the platform. The impact of such an incident on the public is apparent from the order itself and we have no hesitation in rejecting the contention made in support of the Rule.

(3.) THE next contention on behalf of the detenu is a substantial one. It was contended that it appears from the ground that the alleged incident took place at Kamar Kundu Railway Station which was in the District of Hooghly. The detenu was also a resident of Hooghly District. Accordingly it was submitted that the District Magistrate, Howrah has no authority or jurisdiction to pass the order of detention. On behalf of the State, Mr. Bose firstly made certain submissions op the basis of a Notification No. 4963/PI/P -41 -35/53 dated 29th November, 1956, published in the West Bengal Police Gazette on the 21st of December, 1956 issued in exercise of the power conferred by Sub -section (1) of Section 14 of the Code of Criminal Procedure, 1898. However we need not deal with the same contention in view of the fact that Mr. D. Chowdhury, who followed Mr. Bose, did not rely on such submission and made a fresh submission of his own on the basis of a supplementary affidavit affirmed by one Sri P. K. Neogi on the 30th of August, 197S. Mr. Chowdhury makes it clear to us that we need not consider the earlier siibmission made by Mr. Bose for the purpose of our decision in this case. Mr. Chowdhury strongly relied on the said supplementary affidavit of Sri P. K. Neogi wherein it has been stated that there is a District of the Government Railway Police which is Howrah G. R. P. having its headquarters at Howrah and the said District consists of four police circles namely; (i) Howrah police station (itself a circle) (ii) Asansol police circle, (iii) Bandel police circle, (iv) Kharag -pur police circle. It has been stated that the place of incident as given in the ground of detention is Kamarkundu station which is a Railway station on Howrah and Burdwan Chord Line and the said Howrah G. R. P.S. includes some Railway stations on the said chord line including Kamar -kundu Railway Station, It is also stated that Kamarkundu Railway Station is within Sin -ghur P. S, of the District Hooghly and situate at a distance of 32.93 km. It has further been stated that the said Kamarkundu Railway Station was originally within Chandanpur G. R. P.S. vide notification No, 1330 PI dated 28th of March, 1922 and by notification No. 3443 PI dated 3rd July, 1935 the said Chandanpur G. R. P, S. along with Kamarkundu Railway station was merged within the Howrah G. R. P, S. In paragraph 6 of the said affidavit it has been stated that the police station namely Howrah G. R, P.S. is situate at Howrah within the District of Howrah and within the territoral jurisdiction of the Respondent No. 1 and the said police station functions and runs its police Administration over the areas which are within the territorial jurisdiction of Howrah G. R. P.S. from Howrah within the district of Howrah. It is stated in paragraph 7 of the said affidavit that the Respondent No, 1 being the District Magistrate of Howrah and having authority over all the police stations situate within the District of Howrah along with the areas comprised therein has, by virtue thereof, the power of passing the detention order in respect of the incidents occurring in Kamarkundu Railway Station as present one and the Superintendent of Police, Howrah G. R. P. accordingly placed the materials and information pertaining to the ground of detention of the detenu before the Respondent No. 1 on 5th of January, 1975 inasmuch as the Respondent No. 1 was legally authorised to pass the detention order in question. In view of the aforesaid contentions, the relevant extracts from the Police Regulations, Bengal are quoted hereinbelow: - Regulation No. 27 (a): The Superintendent is the immediate head of the police force of the district and is responsible for all matters concerning its internal economy and management and for its efficiency and discipline. He is also responsible, subject to the general control of the district Magistrate for the criminal administration of the district and for the proper performance by officers subordinate to him of all preventive and executive duties. As the District Magistrate is ultimately responsible for the criminal administration of his district, he may employ the police as he thinks best for the maintenance of law and order and the detection and suppression of crime. No. 27 (d) All, orders of the Dist - rict Magistrate relating to the police, except those passed in his judicial capacity, and except in cases of emergency shall be addressed to the Superintendent of police or shall pass through him. The Superintendent of Police ts ha local head of the police under the District Magistrate, is bound to carry out his orders except in regard to the internal economy, organisation and discipline of the force and matters of a purely departmental nature. No. 28 The District Magistrate, in the exercise of his power of control, shall abstain from any action likely to weaken tho authority of the Superintendent or to deprive him of responsibility. For this issue of executive orders until he has consulted the Superintendent (sic). No. 29 The Superintendent shall re - main in constant personal communication with the District Magistrate whenever possible, and consult him on all important matters. It is incumbent on him to afford the Magistrate all possible assistance in the criminal administration of the district, and in such matters he shall, as far as possible accede to his wishes. Should any question arise on which they do not agree, the Superintendent may request him to refer the point under dispute to the Deputy Inspector General, when the matter will be decided as laid down in rule 27 (e). No. 30 (1) The Superintendent shall keep the District Magistrate fully informed of the matters coming to his knowledge affecting the peace of the district, and when he is on tour the police officer in charge of headquarters shall send direct to the District Magistrate all important information which would not reach him soon enough through the Superintendent. No. 31 The District Magistrate shall exercise constant supervision over the prevention and detection of crime, for the proper conduct of which he is ultimately responsible. An important part of his duty -is to inspect the police stations of his district at regular intervals. It is not necessary for him to examine the details of the working 0 the department, but ho should give special attention to: -