FULCHAND AGARWALLA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner is the brother of two detenus Puranmal Agarwalla and Srikishan agarwalla of Kesinga in Kalahandi District, both detained in Boudh Sub-Jail under two impugned orders (in identical terms) dated August 18. 1967 passed b\ the district Magistrate of Phulbani under Section 3 (1) (a) (iii) of the Preventive detention Act 1950 (Central Act IV of 1960-hereinafter referred to as the Act)upon being satisfied, with respect of the said two detenus, that with a view to preventing them from acting in any manner prejudicial to the maintenance of supplies essential to the community, it was necessary to make the said impugned orders. The said impugned orders are challenged in this writ petition on the ground that the "grounds" on which they were made are vague and further that no opportunity was afforded to the said detenus ot making a representation against the impugned orders

(2.) SECTION 3 (1) (a) (iii) of the Act is this:

(3.) SECTION 7 of the Act under which the grounds of the order of detention are to be disclosed to the persons affected by the order and earliest opportunity of making a representation against the order is to be afforded to them, provides as follows: