RAVINDER KUMAR SARDARI LAL Vs. DISTRICT MAGISTRATE DELHI

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution in which an order of detention made against the petitioner on 5-12-1959 by the District Magistrate of Delhi under S. 3 (1) (a) (ii) read with sub-section (2) (a) of the Preventive Detention Act, 1950, has been challenged inter alia on the ground that it is illegal, mala fide etc.

(2.) THE petitioner was supplied the ground of detention which may be grouped in the following manner:

(3.) IT has been contended by the learned counsel for the petitioner that the detention order could be sustained as legal only if the grounds are relevant to the maintenance of public order within the meaning of Section 3 (1) (a) (ii) of the Act. It is submitted that practically all the activities which are alleged against the petitioner, e. g. , thieving, gambling, rowdism, excessive drinking, assaulting people etc. cannot possibly be regarded to be such activities as are in any manner prejudical to the maintenance of public order. It is further contended that even if some of these activities, namely, those stated in grounds Nos. 7, 13, 15, 16 and 17 are of such a nature as to justify the petitioner being regarded as a dangerous and desperate character or a goonda, the detention order cannot be sustained as legal because the other activities which have already been mentioned are such as have nothing to do with the maintenance of public order and if the subjective satisfaction of the detaining authority is based on those activities which are not relevant to the object of detention, the entire order would be vitiated.