LALIT KUMAR KUJUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India and under Section 491, Code of Criminal Procedure, by one Lalit Kumar Kujur for his release from detention made by the order of the District Magistrate of Ranchi under Sections 3 and 4 of the Preventive Detention Act, 1950 (Act IV of 1950), hereinafter referred to as 'the Act.'

(2.) It appears that at 5 A.M. on the 3rd July, 1968, the petitioner was arrested by the police from his residence at Kathan Tola in the town of Ranchi and sent to Jail. That very clay he was served with an order of detention as it was necessary to detain him in order to prevent him from acting in a manner prejudicial to the security of the State and maintenance of public order. On the 5th July, 1968, the petitioner was served with a copy of the order, along with the grounds of his detention, which are mentioned in paragraph 3 of the petition and are as follows:

(3.) Appearing on behalf of the petitioner, Mr. Bifendra Prasad Sinha has contended that all grounds are vague and indefinite. He has also stated that paragraph 5 of the petition shows that the petitioner had been previously detained under the Act on the 3rd June, 1968, and was released on the 15th June, 1968; and ground Nos. 1 to 6 are merely reproduction of the grounds of his earlier detention. It is urged that those grounds cannot be made any basis for his subsequent detention; namely, the present detention.