PRAKASH CHANDRA DUTTA Vs. DISTRICT MAGISTRATE, DIBRUGARH

JUDGEMENT

(1.) THE habeas corpus petition must be allowed on the score that Grounds Nos. 1, 4, 8 and 13 have no rational connection with the purposes of detention, namely, maintenance of public order or maintenance of supplies and services essential to the community. We quote the said grounds :

(2.) GROUND No. 1 has no connection even with law and order. However, Ground No. 4 can be a ground for detention to prevent a person for law and order provided law and order would have been one of the purposes of detention under the preventive detention law. Ground No. 8 is an individual act said to have been committed by the detenu to an individual. It does not touch the fringe of "public order". Similarly, Ground No. 13 cannot be a relevant consideration for detaining the petitioner for either of the purposes referred in the detention order. So almost 1/3rd of the grounds fail. It has been ruled by the Supreme Court that if one of the grounds is irrelevant the order of detention cannot be sustained.

(3.) IN the result, we declare the order of detention to be void and invalid and the continuous detention of the petitioner is hereby declared invalid. The petition is allowed and we direct that the detenu be released forthwith unless he is wanted in connection with any other case. Petition allowed.