The relevance of grounds for detention in relation to public order under the Maintenance of Internal Security Act, 1971.

Borooah, J.

In this application under section 491 of the Criminal Procedure Code the detenue Azizur Rahman, who was detained pursuant to Order No. 176 MIS Act dated 24.7.73 passed by the District Magistrate, Jalpaiguri, under the Maintenance of Internal Security Act, 1971, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, has challenged the order of detention.

2. The grounds for detention were communicated to the detenue by Order No. 176 MIS Act dated 24.7.73.

3. Mr. Mrinmoy Bagchi learned Advocate appearing on behalf of the petitioner submits that ground Nos. 1 and 3 of the instant Rule are almost identical with ground Nos. 1 and 2 of Criminal Miscellaneous Case No. 819 of 1973 in which case the detenue was Jit Bahadur Pariar. The only difference between the ground Nos. 1 and 3 of the instant case with ground Nos. 1 and 2 of the Criminal Miscellaneous Case No. 819 of 1973 is that in ground Nos. 1 and 3 of the present case an additional sentence is added, namely "You also threatened to shoot the neighbouring people to death".

4. The Rule in Criminal Miscellaneous Case No. 819 of 1973 was issued on 18.6.73 and was made returnable on 16.7.73. After the Rule in that case was obtained the present order of detention was passed. We have held that both the grounds of detention were irrelevant in Criminal Miscellaneous Case No. 819 of 1973 by a judgment delivered on 31.7.73 as according to us the incidents mentioned in the said grounds do not affect public order. The question, therefore, which remains to be considered, is whether by adding a sentence "You also threatened to shoot the neighbouring people to death", the acts of the detunue would tantamount to an infringment of public order. It is not stated in the grounds that the detenue actually used the fire arms. Therefore, by merely threatening to shoot the neighbouring people, an infraction of law and order does not become an infringment of public order. Therefore, for the reasons given by us in Criminal Miscellaneous Case No. 819 of 1973 we hold that ground Nos. 1 and 3 in the instant application to be irrelevant, as the incidents mentioned in the said grounds do not affect public order.

As we have held ground Nos. 1 and 3 to be irrelevant the entire order of detention is struck down as illegal. In the result, the applications succeeds and the Rule is made absolute. Let the detenue be set at liberty forthwith.

Chanda, J : I agree.