Judgment

SARKARIA, J.:- The petitioner was detained by an order, dated June 4, 1973 under Section 3 of the Maintenance of Internal Security Act, 1971 (to be hereinafter called the Act) by the District Magistrate, Jabalpur, on the ground that it was necessary to do so to prevent him from acting in any manner prejudicial to the maintenance of public order. This detention order was revoked by the State Government in September, 1973 and the petitioner was released from custody.

2. On January 25, 1974, he was again arrested by the police under Section 151 of the Code of Criminal Procedure on the ground that he was designing to commit cognizable offences the commission of which could not otherwise be prevented. He was produced before a Magistrate the same day and was remanded to jail custody till January 31, 1974. In the meantime, on January 28, 1974, the District Magistrate, Jabalpur made an order of his detention under Section 3 (1) (a) (ii). It was with a view to prevent him "from acting in a manner prejudicial to the maintenance of public order". The order was served on him in jail the same day. The grounds of detention were supplied to the petitioner on February 1, 1974. They run as under:

"(i) That for sometime past you have been persistently engaged in the commission of acts involving breaches of law and public peace and highly prejudicial to maintenance of public order.

(ii) That, as the leader of a section of students at Jabalpur, you have been persistently encouraging and inciting the local students to commit acts of indiscipline, defiance of authority, breach of law, including violence as well as similar other acts highly prejudicial to maintenance of public order. This has actually disturbed public peace and order in the city on a number of occasions, more particularly on the 23rd January 1974, when considerable loss of public and private property occurred, injuries were caused to several persons and imposition of prohibitory orders including Curfew became necessary.

(iii) The boldness and determination with which you have acted leaves no doubt that if you are allowed to remain at large any longer, you would act in furtherance of these prejudicial acts, thereby further seriously endangering maintenance of public order. Hence, with a view to prevent you from acting in such manner, your detention in jail has been considered necessary."

3. Particulars of these grounds were given in the Schedule annexed therein. The material part of those particulars reads:

"(1) to (5) ..............

6. Soon after your release, you again became busy in organising the students and encouraging and inciting them to commit acts which are highly detrimental to public peace and order.

7. On the night of 10-11-1973, you and your associates gathered a crowd of about 300 students at Police Station Lordganj and created a highly explosive situation by raising provocative and inflammatory slogans and shouting filthy abuses. On the night of 14-11-1973, you and your associates gathered a crowd of about 200 students at Police Station Civil Lines, some of whom were carrying iron rods and sticks. Incited and led by you, they not only shouted provocative and inflammatory slogans and abuses but also threatened violence and arson if the rival students leaders were not arrested immediately.

8. On the night of 15-12-1973, you and your associates led a crowd of students, which was armed with iron rods and sticks, to the Natraj Hotel near Karam Chand Chowk and caused extensive damage to property there. Thereafter, you and your associates assaulted and grievously injured one Santosh Rahul, belonging to the rival group of students, and as a result an offence under Sections 307/ 147/148/149/506, I. P. C. was registered at Police Station Lordganj and you are now facing prosecution for the aforesaid offence.

9. After the above - mentioned incident, you and your associates tried to pressurise the Administration not to prosecute you all under Section 307, I. P. C. Apart from othe