JALIM CHAND SARAOGI Vs. DIST. MAGISTRATE

JUDGEMENT

(1.) THIS is an application for a writ of habeas corpus by the petitioner Jalim Chand Saraogi alias Jain of Kedar Road. Gauhati who is detained in pursuance of an order under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971'. hereinafter called 'the Act' passed by the District Magistrate. Kamrup on 11th April. 1972.

(2.) THE petitioner was arrested on 11th April, 1972 by the Gauhati Police and detained at Gauhati Jail for allegedly committing an offence under the Public Gambling Act. 1867 and the Assam Game and Betting Act. 1970 (Assam Act 18 of 1970). Next day. he was enlarged by the Magistrate on bail and while he was about to be released from Jail he was served with the order of detention. We may quote the aforesaid order of the District Magistrate.

(3.) IT is submitted by Mr. A. M. Mazumdar, the learned Junior Government Advocate, that 'public order' in the context of the present state of society may even be different from what the Court may consider it to be twenty years back. According to him. the potential danger of an activity may admit of the necessity for taking action under the Act, With his usual sobriety, he drew our attention to the relevant decisions of the Supreme Court on the subject. We will, therefore, consider the matter in the light of the stand taken by the State Counsel.