1975 (1) TMI 93 - SC - Indian Laws

Supreme Court upholds detention order under Internal Security Act based on disrupting services

Dharua Kanu Versus State Of West Bengal

The Supreme Court upheld the validity of a detention order passed under the Maintenance of Internal Security Act, 1971, based on grounds related to ... - Issues involved:Challenge to validity of detention order u/s 3 of Maintenance of Internal Security Act, 1971 based on grounds communicated to detenu.Judgment Details:Issue 1: Validity of detention orderThe petitioner challenged the detention order passed by the District Magistrate u/s 3 of the Act. The grounds of detention included the accusation of committing theft of fish plates, disrupting train services, and acting prejudicially to the maintenance of essential supplies and services. The Court noted that such actions indeed affect the community's essential services. The Court found that the detaining authority had sufficient material to believe that the petitioner might engage in similar activities in the future, justifying the detention order.Issue 2: Consideration of petitioner's representationThe petitioner contended that the State Government erred in forwarding the representation to the Advisory Board after rejecting it. However, the Court held that the State Government was legally obligated to consider the representation before sending it to the Advisory Board. The rejection of the representation followed by its forwarding to the Board did not invalidate the detention order. The Court found no flaws in the process that would render the detention order invalid.In conclusion, the Supreme Court dismissed the petition challenging the detention order, upholding the validity of the order passed u/s 3 of the Maintenance of Internal Security Act, 1971.