Judgement

S. M. FAZL ALI J.:- By an order dated November 8, 1974 passed by the District Magistrate, Badaun. the petitioner was detained under Section 3 (1)(a)(iii) of the Maintenance of Internal Security Act 1971 - hereinafter referred to as the Act - because the allegations made in the grounds of detention disclosed that he had committed acts prejudicial to the maintenance of supplies and services essential to the community. The grounds of the order of detention were served on the petitioner by the District Magistrate, Badaun, on November 13, 1974. The State Government approved the order of detention on November 19, 1974 and made a report to the Government of India on November 22, 1974. According to the respondents, the Government of U. P. had made a reference to the Advisory Board constituted under the Act on November 22, 1974 but as it had not received the representation from the petitioner, the same was forwarded later. The representation, according to the respondents was received on November 28, 1974 which was rejected on December 6, 1974. The representation was sent to the Advisory Board on December 18, 1974 which gave its report holding that the grounds were suffcient for detention of the petitioner and after receipt of the opinion of the Advisory Board on January 7, 1975 the order of detention was finally confirmed by the Government on January 17. 1975.

2. We might mention at the very outset that there was some controversy on two points before us. In the first place the petitioner did not accept the stand of the Government that the reference to the Advisory Board was made on November 22, 1974. but relied on a counter-affidavit flied by Mr. S. K. D. Mathur, the then District Magistrate of Badaun, in this Court to support his plea that the reference to the Advisory Board was made on December 20. 1974 vide para. 2 (vi) of the counter-affidavit appearing at page l18 of the Paper Book. It was therefore contended by the learned counsel for the petitioner that as the reference was made to the Advisory Board beyond the period mentioned in Section 10 of the Act, there being a violation of the mandatory provision of the statute, the order of detention fell on this ground alone. We gave an opportunity to the Government to produce before us materials to show the exact position and from the original file produced before us we find that the counter-affidavit filed by Mr. S. K. D. Mathur in this Court to the effect that the reference was made to the Advisory Board on December 20, 1974 was factually incorrect and that the reference was really made on November 22, 1974 by the Government by virtue of letter No. 107/2/48/74. The file also contains a letter of the Registrar dated January 7.,1975 forwarding the opinion of the Advisory Board wherein also it was mentioned that the reference was made on November 22, 1974. In view of these cogent materials Mr. Sen learned counsel for the petitioner did not choose to press this point. We cannot, however, leave this matter without expressing our strong disapprobation on the careless and irresponsible manner in which the counter affidavit has been filed by the respondents. particularly by Mr. S. K. D. Mathur who happened to be the then District Magistrate, Badaun. We hope the Government will be careful in future and see that such incorrect affidavits are not filed before this Court, which may create unnecessary confusion and controversy and make a simple issue so very much involved.

3. The petitioner was admittedly a partner of the firm called Bharat Oil Company which was dealing in the storage and sale of high speed diesel oil since 1965. According to the petitioner the business was started at Badaun and Ujhani but later a branch was opened at Bareilly and the firm transferred its headquarters to Bareilly in 1971. We are not, however, concerned with the business at Bareilly in this case. Under the Petroleum Act, 1934, the petitioner could have carried on his business only after obtaining a licenc