TMI Blog1986 (9) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII of the Indian Penal Code; or (ii) habitually commits or abets the commission of offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or (iii) who by words or otherwise promotes or attempts to promote on grounds of religion, race, language caste or community or any other grounds whatsoever, feelings of enmity of hatred between different religions, racial or language groups of castes or communities; or (iv) has been found habitually passing indecent remarks to, or teasing women or girls; or (v) who has been convicted of an offence under Section 25, 26,27, 28 or 29 of the Arms Act of 1959. Under section 3, the power is thereof externment on certain conditions. Sub-sections(1) and (2) of section 12 of the said Act provides as follows: 12. Power to make orders detaining certain persons-(l) The State Government may if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social elements can not be prevented ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground. The police party also opened fire but the detenu and his associates, quite in number, under the coverage of firing fled away by breaking the cordon of the police party. The incident took place at about 1.50 a.m. in presence of a large gathering which was witnessing the Qwali programme. This created great panic and alarm amongst the people who were witnessing the programme and they started running helter and skelter for their lives. A complete confusion prevailed in the programme and the police had a hard time to control the situation. This adversely affected the public order. The people were so much afraid that they stopped moving freely in the area. It is alleged that the detenu is a terror in the area and nobody dares to speak against him. He is an uncrowned king of the Mafia World and the people living in the area are under the constant threat of life and property. A case bearing Jogta P.S. Case No. 22 dated 11.3.84 under section 142/149/307/ 326/353/333/224/225 I.P.C./27 Arms Act was registered for this incident and chargesheet had already been submitted in the case. Besides the aforesaid ground two cases have been referred to in the order of detention as background ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n tried or terminated in any manner. All these cases were pending disposal. There is a proximity between these incidents betraying a nature and a tendency of committing these offences. But it cannot be denied that these indicate, in the facts of this case, that the petitioner/appellant was one who habitually committed offences which are at least punishable under I.P.C. We have noted who is an anti-social element under the Act. The petitioner/appellant has not yet been convicted under any of these sections referred to hereinbefore. So far as the incidents referred to hereinbefore betray criminal propensity. The first incident is of a case which was one year prior to the date of the detention order and the other incident was of the same date. If in this background, an appropriate authority charged with the implementation of the Act comes to the satisfaction that the petitioner/appellant is one who is habitually committing or abetting the commission of offences, such a conclusion is neither irrational nor unreasonable. In Vijay Narain Singh v. State of Bihar Ors., [1984] 3 SCR 435, this Act came up for consideration by this Court. But in that case the facts were entirely di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is how law serves the society but does not become an impotent agent. Anti-social elements creating havoc have to be taken care of by law. Lawless multitude bring democracy and constitution into disrepute. Bad facts bring hard laws-hut these should be properly and legally applied. It should be so construed that it does not endanger social defence or the defence of the community, at the same time does not infringe the liberties of the citizens. A balance should always be struck. The executive authority is not the sole judge of what is required for national security or public order. But the court cannot substitute its decision if the executive authority or the appropriate authority acts on proper materials and reasonably and rationally comes to that conclusion even though a conclusion with which the court might not be in agreement. It is not for the court to put itself in the position of the detaining authority and to satisfy itself that untested facts reveal a path of crime provided these facts are relevant. See in this connection the observations of O. Chinnappa Reddy, J. in Vijay Narain Singh s case (supra) at Pages 440 and 441. In the facts of this case and having regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch are based on cogent and reliable evidence, there is no ground for interference with the order of detention. Preventive detention as reiterated is hard law and must be applied with circumspection rationally, reasonably and on relevant materials. Hard and ugly facts make application of harsh laws imperative. The detenu s rights and privileges as a free man should not be unnecessarily curbed. No other points were urged before us. This Court has reiterated in Writ Petition (Criminal) No. 296 of 1986 with SLP (Criminal) No. 1265 of 1986 the relevant aspect of the preventive detention law. In that view of the matter it is not necessary to reiterate those principles again here. Preventive detention is a necessary evil in the modern restless society. But simply because it is an evil, it cannot be so interpreted as to be inoperative in any practical manner. Judged by all relevant standards, the impugned order of detention in the case of the petitioner cannot be said to be either illegal or beyond the authority of law. Before we conclude we must point out that another point was taken that in the order there was no mention of the period of detention. There could not be an indefini ..... X X X X Extracts X X X X X X X X Extracts X X X X
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