1990 Supreme(Bom) 72

SHORT NOTE
BOMBAY HIGH COURT
R.A. Jahagirdar R.G. Sindhakar. JJ.
Mohan Baliram Pawse - Petitioner
versus
R.D. Tyagi Ors. - Respondents
C.W.P. No. 1311 of 1989
Decided on 2-3-1990
Counsel for the parties:
For the Petitioner - Shirish Gupt.
For the Respondent Nos. 1 to 3 - N.M. Kathare. P.P.
For the Respondent No.4 - R.M. Agrawal, for A.S. Khan.

Headnote:National Security Act, 1980 - Section 3 - Constitution of India - Art. 226 - Writ petition challenging detention order - Detention order passed in the interest of maintenance of public order - Incident of breach of externment order relied upon - Whether that incident could be relevant to the question of the maintenance of public order? (No) – Other incidents also found irrelevant - Result Detention order quashed. (Cross Ref. Bombay Police Act, 1951 - S. 56 (1)(b) - Order of externment under)

       Held: None of the incidents on which the detaining authority relied and which we have examined above, has anything to do worth the question on which the subjective satisfaction of the detaining authority has to be arrived at to pass a valid order of detention under section 3 of the National Security Act. The order of detention based upon suo a subjective satisfaction must be held to be illegal. (para 7)

       Result: Detention order quashed.