1982 Supreme(Raj) 492
RAJASTHAN HIGH COURT
S.K.Mal Lodha, S.C.Agrawal, JJ.
Smt. Gora Devi - Appellant
Versus
The State Of Rajasthan and Ors. - Respondent
D.B. Habeas Corpus Petition No. 1960/82.
Decided On : 1-12-1982
The activities of a person may be prejudicial to the maintenance of public order even if they do not involve a breach of law and order.
Headnote:
NATIONAL SECURITY ACT, 1980 - Detention - Grounds - Maintenance of public order - Distinction between public order and law and order - Activities of the detenue - Whether prejudicial to the maintenance of public order - Consideration of past criminal activities - Right of representation - Consideration of representation by the State Government - Obligation to consider representation irrespective of whether it was made before or after the case was referred to the Advisory Board.
Fact of the Case:
The petitioner challenged the legality of the detention of her son, Virendra Singh @ Babulal, under the National Security Act, 1980. The State Government had passed an order of detention on the ground that the detenue was involved in activities prejudicial to the maintenance of public order. The detenue submitted representations against his detention, which were rejected by the State Government. The matter was referred to the Advisory Board, which reported that there was sufficient cause for the detention of the detenue. The State Government confirmed the order of detention for a period of one year.
Finding of the Court:
The Court held that the activities of the detenue, as mentioned in the grounds of detention, were such as to disturb the even tempo of life of the community in a specified locality and, therefore, they were prejudicial to the maintenance of public order. The Court also held that the State Government was under a constitutional obligation to consider the representation of the detenue irrespective of whether it was made before or after his case was referred to the Advisory Board.
Issues: 1. Whether the activities of the detenue were prejudicial to the maintenance of public order? 2. Whether the State Government was under a constitutional obligation to consider the representation of the detenue?
Ratio Decidendi: 1. The Court held that the activities of the detenue, as mentioned in the grounds of detention, were such as to disturb the even tempo of life of the community in a specified locality and, therefore, they were prejudicial to the maintenance of public order. The Court relied on the decisions of the Supreme Court in Wasiuddin Ahmed v. The District Magistrate, Aligarh and Ashok Kumar v. Delhi Administration, wherein it was held that the distinction between the areas of 'public order' and 'law and order' lies not in the nature or quality of the act, but in the degree and extent of its reach upon society. 2. The Court held that the State Government was under a constitutional obligation to consider the representation of the detenue irrespective of whether it was made before or after his case was referred to the Advisory Board. The Court relied on the decisions of the Supreme Court in S.K. Abdul Karim v. State of West Bengal, Pankaj Kumar v. State of West Bengal and Jayanarayan Sukul v. State of West Bengal, wherein it was held that the detenue has a constitutional right and the State Government is under a constitutional obligation to consider the representation of the detenue irrespective of whether it was made before or after his case was referred to the Advisory Board.
Final Decision: The Court dismissed the writ petitions filed by the petitioner.
JUDGMENT
1. - In both these writ petitions the petitioner, Smt. Gora Devi, has prayed for the issuance of a writ of the habeas corpus for securing the release of her son Virendra Singh @ Babulal s/o Jugal Singh (hereinafter referred to as "the detenue"). The writ petition No 1840/82 was filed on 27th September. 1982 by the petitioner through he counsel Shri M.D. Purohit. The writ petition No 1960/82 has been registered on the basis of a telegram addressed by the petitioner to Hon'ble the Chief Justice of this Court.
2. By order dated 12th July, 1982 passed by the State Government of Rajasthan in exercise of the powers conferred on it under Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as "the Act") wherein it was been stated that the State Government was satisfied that it was necessary to detain the detenue with a view to preventing him in manner prejudicial to the maintenance of public order and it has been directed that the detenue be detained in Central Jail, Jaipur. In pursuance of the aforesaid order of detention, the detenue was arrested on 25th July, 1982. After his arrest, the State Government by its communication dated 27th July, 1982 forwarded to the detenue the memorandum dated 19th July, 1982 containing the grounds for his detention along with the documents referred to in the said grounds. By the aforesaid memorandum, the detenue was informed that he could submit his representation against his detention to the Home Commissioner cum-Secretary of the Government of Rajasthan through the Superintendent, Central Jail, Jaipur. The detenue submitted a representation dated 30th July, 1982 against his detention to the Hon'ble Chief Justice of this Court Another representation dated 6th August, 1982 was submitted by the petitioner and it was addressed to the Registrar of this Court. Both these representations were forwarded by the Registrar of this Court to the Secretary to the Government of Rajasthan cum Home Commissioner, Home Department Jaipur vide letter dated 9th August, 1982. By the communication dated 17th August, the detenue was informed that that this representation dated 30th July 1982 addressed to the High Court had been carefully considered by the State Government and had been rejected. By a similar communication dated 17th August 1982, the petitioner was informed that the representation dated 6th August, 1982 submitted by her had been carefully considered by the State Government and the same had been rejected Another representation was submitted by the petitioner to the Secretary, Home Department to the Government of Rajasthan and by communication dated August 26/27, 1982, the petitioner was informed that the said representation had been carefully considered by the State Government and hid been rejected. In the meanwhile, the case of the detenue had been referred to the Advisory Board constituted in accordance with Section 9 of the Act. The Advisory Board met on 18th August, 1982 & the detenue was produced before the Advisory Board. The detenue made oral submissions before the Advisory Board and after taking into consideration the aforesaid submissions made by the detenue, the Advisory Board passed an order calling upon the State Government to make further enquiry into the matter and supply the correct information to the Advisory Board. The matter was adjourned to 2nd September, 1982. Thereafter, the State Government passed the order dated 4th September, 1982 wherein it has been stated that the matter of detention of the detenue had been referred to the Advisory Board & the Advisory Board had reported that in its opinion, there was sufficient cause for detention of the detenue and, therefore in exercise of the powers conferred by Sub-section (1) of Section 12 of the Act, the State Government, aferet king in to consideration all the circumstances, confirms the order of the detenue and, directs that the detenue be kept in detention for a period of one year i.e. till 24th J
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