1972 (5) TMI 77 - SC - Indian Laws

Detention upheld under West Bengal Act emphasizing public order impact. Advisory Board not obligated for personal hearing. Petition dismissed.

The court upheld the legality of detention under the West Bengal Act, emphasizing the impact of actions on public order. It clarified that the Advisory ... - Issues:1. Application for a writ of habeas corpus under Article 32 of the Constitution.2. Detention under the West Bengal (Prevention of Violent Activities) Act, 1970.3. Grounds of detention and legality under Section 3(2) of the Act.4. Distinction between acts prejudicial to law and order vs. public order.5. Opportunity of personal hearing before the Advisory Board.Analysis:1. The judgment pertains to an application for a writ of habeas corpus under Article 32 of the Constitution. The petitioner was detained under the West Bengal (Prevention of Violent Activities) Act, 1970, by the District Magistrate, 24 Parganas, on grounds of acting in a manner prejudicial to public order. The detention was subsequently confirmed by the State Government and the Advisory Board. The petitioner challenged the detention on various grounds.2. The grounds of detention communicated to the petitioner involved incidents of violent activities at the Chitpur railway station yard, which were alleged to disturb public order. The legality of the detention was questioned based on the interpretation of Section 3(2) of the Act, specifically clauses (b) and (d) regarding acts likely to disturb public order. The central issue was whether the petitioner's actions amounted to offenses disturbing public order.3. The judgment delved into the distinction between acts prejudicial to law and order versus those affecting public order. It referenced previous rulings to establish that the impact of an act on society determines its classification. The court emphasized that the potentiality and extent of harm caused by an act are crucial in determining its effect on public order.4. The court analyzed the specific acts attributed to the petitioner, involving attacks on the R.P.F. party with bombs at the railway station yard. It concluded that these actions had the potential to disrupt the even tempo of community life in the locality, thereby affecting public order. Hence, the contention that the grounds did not establish prejudicial activity to public order was overruled.5. Regarding the opportunity for a personal hearing before the Advisory Board, the judgment clarified that unless requested by the petitioner, there was no obligation for the Board to provide a personal hearing. The Board considered all relevant materials before reaching a decision on the detention. The petitioner's subsequent request for a personal hearing was accommodated, but it did not alter the Board's opinion. Consequently, the court dismissed the petition challenging the detention.In conclusion, the judgment upheld the legality of the detention under the West Bengal Act, emphasizing the importance of considering the potential impact of actions on public order and clarifying the procedural aspects related to personal hearings before the Advisory Board.