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GAUHATI HIGH COURT
L. PATHAK, Actg. C.J. AND K. LAHIRI, J.
BHUPEN DEKA
VERSUS
STATE OF ASSAM AND ANOTHER
Civil Rule No. 220(H.C.) of 1981,
Decided on : 23 -3 -1981.
NATIONAL SECURITY ORDINANCE, 1980 - SEC. 3 - DETENTION - GROUNDS - MUST BE SELF-SUFFICIENT AND SELF-EXPLANATORY - MUST ENABLE DETENU TO MAKE EFFECTIVE REPRESENTATION - GROUNDS NOT DISCLOSING ANY MATERIAL FACT AS TO WHEN, WHERE, HOW AND IN WHAT MANNER BUNDHS, PICKETING, SATYAGRAHA HAD TAKEN PLACE AND HOW AND IN WHAT MANNER THEY AFFECTED SUPPLIES AND SERVICES ESSENTIAL TO THE COMMUNITY - GROUNDS HELD TO BE VAGUE AND INVALID - ORDER OF DETENTION QUASHED.
Fact of the Case:
Petitioner challenged his detention under Sec. 3 of the National Security Ordinance, 1980, on the grounds that he was organizing 'Satyagraha', 'Bhundh', Picketing of Govt. offices, etc., which were disturbing public order and disrupting the supply and services essential to the community.
Finding of the Court:
The court held that the grounds for detention were vague and did not disclose any material fact as to when, where, how, and in what manner the Bundhs, picketing, Satyagraha had taken place and how and in what manner they affected the supplies and services essential to the community. The court also held that the ground relating to the petitioner's hunger strike inside the jail was extraneous, irrelevant, and misconceived.
Issues: Whether the grounds for detention were self-sufficient and self-explanatory and enabled the detenu to make an effective representation.
Ratio Decidendi: The court held that the grounds for detention must be self-sufficient and self-explanatory to enable a detenu to make an effective representation. The grounds must disclose all the basic facts and materials which are taken into consideration by the detaining authority in making the order of detention. The court also held that if one of the grounds is vague, the entire order of detention is vitiated.
Final Decision: The court declared the order of detention to be invalid and void and made the rule absolute.
Lahiri, J. :- In this habeas corpus application, the petitioner questions his detention under Sec. 3 of the National Security Ordinance, 1980, "the Ordinance" hereinafter. The petitioner has been detained "to preventing him from acting in any manner prejudicial to the maintenance of public order/to the maintenance of supply and services essential to the community". These are the two purposes for detention. The grounds are as follows :-
"Shri Bhupen Deka, aged about 24 years, s/o Shri Rajma Deka of L.D. Road, Tezpur Town is a P.U. 2nd year College Student. He is the President of Tezpur Anchalik Chatra Santha. He has been playing a leading role in the current agitation and he has been organising 'Satyagraha' 'Bhundh' Picketing of Govt. offices etc. from time to time, during the past one year. Such 'Satyagraha', 'Bundh', Picketing etc. have been disturbing public order and also disrupting the supply and services essential to the community.
For his prejudicial activities, order for his detention was issued under the Assam Preventive Detention Ordinance, 1980, on 18-4-80. He however evaded service of the order till 17-5-80 when he was detained.
He resorted to hunger strike in Jail on 11-8-80 protesting against his detention and demanding his immediate release. However, on the following day, he called off such hunger strike. On 17-8-80, he was released from detention on his giving an undertaking that he would not resort to violence etc.
He has been carrying on his prejudicial activities ever after his release.
On 6-9-80, he addressed a meeting at Tezpur and urged all to take up self-defence training for taking up deportation of foreigners. He has been organising and addressing such meetings at various places instigating the people to continue the agitation.
On 5-10-80, he along with some others staged black flag demonstration when Shri A.P. Sarma Union Minister was addressing a meeting at Hem Barua Hall, Tezpur. They were also shouting slogans and were creating a situation affecting public order. Police however brought the situation under control.
On 18-11-80, a large crowd prevented an army vehicle carrying students to School. The crowd became violent and police had to resort to use of force. Shri Deka was one of the organisers of the mob and he demanded withdrawal of the orders imposing curfew in the area.
Dr. A.P. Dutta of the Tezpur Civil Hospital was reportedly injured in police lathi-charge on the day. Shri Deka along with others was instigating Dr. Dutta and other Doctors to resort to strike in protest. Later on 20-11-80. Shri Deka with others organised a procession of Doctors and others to demonstrate against police action on 18-11-80.
On 10-12-80, Shri Deka while addressing a meeting at Tezpur said that while the present movement was on Gandhian principle of non-violence, the people would have to follow the policy of tit for tat.
He has also been taking active part in organising 'Satyagraha' in front of Deputy Commissioner's office at Tezpur from 18-12-80 such 'Satyagraha' has been disturbing public order. People are defying the orders under Section 144 Cr. P.C. prohibiting assembly of five or more persons, procession etc. in public places, issued for maintenance of public order."
2. Mr. Padma prasad, the learned Government Advocate appearing on behalf of the State submits that there only one around germane to the "supplies and services essential to the community", that is, ground No. 1. The learned Government Advocate has very fairly conceded that the other grounds do not pertain to maintenance of supplies and services essential to the community. We have explained the meaning of the word "ground" in Krishna Barua Civil Rule No. 47(HC) of 1981 decided on 19-3-1981 : (Reported in 1981 Cri LJ NOC 175), on the basis of the decisions of the Supreme Court. The word "ground" under Article 22(5) and "the Ordinance" means clear revelation of all the basic facts and other materials which are taken into consideration by the detaining a
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