JALIM CHAND SARAOGI Vs. DIST MAGISTRATE, KAMRUP, GAUHATI

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 detection. We may quote the aforesaid order of the District Magistrate.

(3.) THE short question that arises for consideration in this case is whether the grounds set out have any relevance to the maintenance of public order, which was the object of the order of detention.