PRITUO SOLO Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner, as friend of the detenu Shri Petenei O Solo, seeks to challenge the detention order dated 22nd March, 1997 as passed by the respondent No. 2, filed as Annexure-I to the petition. It is based on the following grounds :

(2.) Having considered the grounds and the basic facts as supplied to the detenu in the form of Schedule to the grounds of detention, which must be read as a whole and not in parts, one isolated from another, as has been pointed out in A run Kumar Ghosh Vs. State of West Bengal, 1970 (1) SCC 98, we have no hesitation in saying that they are germane and relevant to the object behind the passing of detention order. Activities such as possession of explosives and other devices, collecting funds by intimidating the public and by means of coercive methods do endanger the security of the State and affect public order. There is a definite nexus between the two which cannot be disputed. Although the petitioner has denounced these basic facts as false, but this Court while exercising its power in writ jurisdiction in such matters does not go into the question of truthfulness or falsity of allegations, it is a matter left to the competent Criminal Court, to be decided on trial. This Court is concerned with relevance and not truthfulness of the allegations,

(3.) Learned counsel for the petitioner has challenged the impugned order, Annexure-I, and continued detention of the detenu on the following grounds :