IMPORTANT POINT
If a piece of evidence which might reasonably have affected the decision whether or not to pass an order of detention is excluded from consideration, there would be a failure of application of mind which, in turn, vitiates the detention.

JUDGMENT

M.N. Venkatachaliah, J. - By this writ petition under Article 32 of the Constitution, the detenu-Ayya alias Ayub, son of Babu Khan, residence No. 100, Khernagar, P.S. Delhi Gate, Meerut - challenges the order of detention dated 28.2.1988 passed by the District Magistrate, Meerut, ordering the detention of the petitioner under section 3(2) of the National Security Act, 1980, on the said authority's satisfaction that such detention is necessary with a view to preventing petitioner from acting in a manner prejudicial to the maintenance of the "public-order". At the time of the passing of the order, petitioner was already in judicial-custody in connection with a criminal prosecution arising out of the incident referred to in one of the grounds of detention.

2. Section 3(2) of the Act provides, inter alia, that the Central Government or the State Government, may make an order with respect to any person for purposes of preventing him from acting in a manner prejudicial to the maintenance of the public order. The subsection provides for detention on certain other grounds which are not germane to the present matter as the avowed object of the impugned detention is in relation to, and for the purposes of, the maintenance of public order. Section 5A of the Act also provides that where a person bas been detained on two or more grounds, such order shall be deemed to have been made separately on each of such grounds. The object of Section 5A is that if any of the grounds is found to be vague, non-existent, not relevant, not connected with the detenu or is invalid for any other reason whatsoever, it should be open to the detaining authority to support the detention order on such ground or grounds as may not be so vitiated.

3. We have heard Shri R.K. Garg, learned Senior Counsel for the petitioner and Shri Yogeshwar Prasad, learned Senior Counsel for the detaining authority.

Shri Garg strenuously contended that the impugned detention is an instance of a demonstrable abuse of power and the grounds are wholly ultra vires of the power of detention in that-quite apart from the falsity of the allegations and other legal infirmities-the grounds, even assuming to be true, are incapable in law of producing the satisfaction of any apprehension in regard to the maintenance of the public order. The grounds, at the worst, Learned Counsel contends do no more than to suggest a possible 'law and order' situation and not a 'public order' situation. The detention, it is urged, is also vitiated by a non-application of mind by an omission to consider material capable of influencing the satisfaction.

Shri Yogeshwar Prasad, however, sought to support the order of detention, relying upon the records of the proceedings and the affidavit filed by the detaining authority. The concerned police officers have also filed their counter affidavits.

4. In order to appreciate the contentions urged at the hearing, it is necessary to advert to the three grounds on which the satisfaction on the part of the detaining authority for the need for the detention was reached. They are:

"1. That on 6.2.1988 at Ghursal Mor, near Jamaniya Bagh R.T.O. Road, P.S. Railway Road at 3.50 P.M. you along with your other companions stopped Mini Bus No. U.S.O. 9278 and you immediately started breaking the glass screens of the bus with an iron rod and your companions hurled brick-bats at the glasses of the bus and extended abuses to the driver. On being told about above incident by Shri Chandrapal, Driver of Mini Bus, Shri Anil Gautam made a written complaint on the basis of which a report No. 8 of non-cognizable offence was registered under section 504, 427 of I.P.C. Your aforesaid misdeed caused fear and terror among the common public and in this way you committed an act which is prejudicial to the maintenance of public order.

2. That, on 13.2.1988 at about 11.45 P.M. in front of Faize-e-Aam Inter College, Meerut on the open road you alongwith your other companions displayed 'gundaism'