JOGANANDA GOSWAMI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS Court being the protector of the fundamental rights of the citizens, has to take a serious view when orders of detention are passed which even the counsel representing the State finds difficult to support and sustain. The present is a case of this nature. This would be apparent from the sole ground given for detaining the petitioner to prevent him from acting in a manner prejudicial to the maintenance of public order. We set out the grounds:

(2.) NO fault can be found in the democratic set up to which we are wedded, if people criticize the Government for an act which they think to be unreasonable. The petitioner was absolutely within his rights to have criticized the Government for making preparations to hold election without solving the foreigners' issue. The decision to resist the election 'by any means' cannot be taken to be a decision to create problem of public order. The means could have been absolutely peaceful and thus permissible under the law, this apart urging people to be in readiness for taking part in the next phases of agitation cannot be a valid ground to detain a. person unless it is known and stated when the next phase of agitation would start and what it be. Finally, it is a matter of extreme doubt if on a single incident like the case at hand, the required satisfaction could have been reasonably arrived at.

(3.) HAVING noted the facts of the case we had ordered for the release of the detenu and being satisfied with the misuse of the power had also awarded a token cost of Rs. 500/ - against the State. We had stated that a reasoned judgment would follow, and the above are our reasons for setting aside the order.