Judgement

GROVER, J.: This is a petition under Article 32 of the Constitution by Sushanta Goswami and 46 others for a writ in the nature of Habeas Corpus challenging the detention of the petitioners under the provisions of the Preventive Detention Act 1950, hereinafter called the "Act".

2. Petitioner No. 4 Krishna Mondal and Petitioner No. 21 Madhu Kanjilal are stated to have been released. No orders need be made with regard to them. As regards petitioners Nos. 2, 8, 9, 15, 22, 24, 32, 41 and 47 their matters will be taken up for consideration later as the State has been directed to file further affidavits. We now proceed to dispose of the cases of the other petitioners.

3. Petitioner No. 1 (Sushanta Goswami) -This petitioner was detained by an order of the District Magistrate 24 Parganas dated July 30, 1968. His detention was directed underSection3 (2) of the Act on the ground that it was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The grounds were supplied to him and he made a representation to the Advisory Board which after hearing the petitioner and considering his representation, expressed its opinion that there was sufficient cause for his detention. Consequently the detention order dated July 30, 1968 was confirmed on September 20, 1968 by the Government of West Bengal. The grounds for detention have been perused by us. According to the first grounds the petitioner had been committing offences of forming unlawful assembly, assaulting the police and peaceful inhabitants snatching away cash and valuables, teasing school girls and criminal intimidation. The instances which were given are seven out of which it is necessary to mention only the following which are typical:

"(ii) That on 14th November, 1966 at 21.15 hrs., you with your associates formed an unlawful assembly on Dum Dum Road in front of the Fire Brigade Office and assaulted Shri Pranab Bose of P-18 Matijheel Avenue and you snatched away a fountain pen worth Rs. 10 from his pocket.

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(vi) That on 18th March, 1968 at 19.30 hrs., you with your associates closely followed Sm. Sipra Kundu (18) from Satgachi crossing an Jessore Road and uttered indecent language towards her, as a result of which she got terrified and ran away to save her modesty." Ground No. II is to the effect that as a result of the petitioner s nefarious activities prejudicial to the maintenance of public order he has become a nuisance to the society and there have been disturbances and confusion in the lives of peaceful citizens of Dum Dum police station and the inhabitants thereof are in constant dread of disturbance of public order.

4. We do not consider that the above ground are relevant to public order and if some of the grounds which are given are irrelevant the order of detention cannot be upheld because the court cannot predicate what the subjective satisfaction of the authority would have been on the exclusion of those reasons; vide Dwarka Das Bhatia v. State of Jammu & Kashmir, 1956 SCR 948 and the recent decision of this court in Pushkar Mukherjee v. State of West Bengal, W. P 179 of 1968, D/- 7-11-1968 (SC). Therefore the order of detention is hereby set aside.

5. Petitioner No.3 (Panchu Gopal Mondal).- This petitioner was detained by an order of the District Magistrate 24 Parganas D/- March 23, 1968 made in exercise of the power conferred by S. 3 (2) of the Act on the ground that the detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies essential to the community. He was supplied with the grounds and he made a representation. It was sent to the Advisory Board which, after hearing him and considering all the material placed before it, expressed its opinion that there was sufficient cause for his detention. The Government of West Bengal confirmed the detention order on July 17, 1968.

6. We have perused the grounds of detention and