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1974 Supreme(SC) 446

A.C.GUPTA, Y.V.CHANDRACHUD, M.H.BEG
Ram Bali Rajbhar – Appellant
Versus
State Of W. B. – Respondent


Advocates:
D.N.MUKHERJI, G.S.CHATTERJEE, P.K.CHATTERJI, RATHIN DAS, Sukumar Basu

Judgment

BEG, J.:- The petitioner, Ram Bali Rajbhar, in this Habeas Corpus petition under Article 32 of the Constitution of India, seeks release from a detention ordered on 1-10-1973 by the Commissioner of Police, Calcutta, on the following grounds supplied on the same day to him :

"(1) On 5-9-1973 at about 17.40 hrs., you along with your associates Anwar Hossain of 18/2, Mominpur Road, Subal Das of Jhupri at Dock East Boundary Road Calcutta, and others, all being armed with iron-rods, lathis and bombs created a great disturbance of public order by hurling bombs at the tea-stall of Lal Mohan Jadav at 19, Coal Berth, Calcutta, endangering the lives and safety of the stall-owner and other nearby shop-keepers, as he had refused to supply tea to you all, without payment. The incident brought wide spread panic in the locality, led to the closure of shops, suspension of vehicular traffic, thereby jeopardising the maintenance of public order.

(2) On 9-9-1973 at about 20.05 hrs. you along with your-associates Kali Das alias Tenia of Jhupri at Strand Road, Calcutta, Subed Ali of 5/2 Bhukailash Road and others, all being armed with iron-rods, lathis and bombs, attacked a watch repairing shop s

































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